ADJUDICATION OFFICER DECISION.
Adjudication Reference: ADJ-00017460
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00022601-001 | 12/10/2018 |
Date of Adjudication Hearing: 11/01/2019
Workplace Relations Commission Adjudication Officer: Jim Dolan
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaint(s) to me by the Director General, I inquired into the complaint(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s).
Background:
The Complainant was employed by the Respondent café operator from 03/01/2018 to 20/04/2018 when the business closed. The Complainant was employed as a waiter / barista and was paid €11.00 per hour. His hours of work varied between 10 and 20 hours per week. This complaint made under the Payment of Wages Act, 1991 was received by the Workplace Relations Commission on 12th October 2018. |
Summary of Complainant’s Case:
After the business closed the Complainant was due wages of €235.50 and also a refund of some income tax he had paid whilst on an emergency tax code, this refund was in the region of €350.00. On 3rd July 2018 the Complainant received a payment (via a bank transfer) of €200, he received no pay slip that would explain what this payment was for i.e. a refund of tax or outstanding wages. The Complainant has made several attempts to contact his former employer – none have been successful. |
Summary of Respondent’s Case:
The Respondent did not attend the hearing of this complaint. I am satisfied that correspondence in relation to the hearing was sent in a timely fashion and was correctly addressed. |
Findings and Conclusions:
The complaint is well found and I order the Respondent to pay to the Complainant the sum of €35.00 in outstanding wages. In relation to a refund of income tax the Complainant should take this matter up with the Revenue Commissioners. The sum of €35.00 should be paid to the Complainant within 42 days from the date of this Decision. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
As outlined above. |
Dated: 17/01/2019
Workplace Relations Commission Adjudication Officer: Jim Dolan
Key Words:
Payment of Wages Act, 1991. |