ADJUDICATION OFFICER DECISION.
Adjudication Reference: ADJ-00017676
| Complainant | Respondent |
Anonymised Parties | A worker | A café operator |
Representatives | Self | Did not attend. |
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-00022452-001 | 05/10/2018 |
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 09/09/2017 to 13/04/2018 when the business closed. The Complainant was employed as a waiter / barista/ chef/porter and was paid €11.00 per hour. His hours of work varied and averaged 30 hours per week. This complaint made under the Payment of Wages Act, 1991 was received by the Workplace Relations Commission on 05th October 2018. |
Summary of Complainant’s Case:
The Complainant contends that he is owed a total of €910.2, this sum is made up of outstanding wages of €150.00; holiday pay of €496.20 and one week’s wages for pay in lieu of notice €264.00. The Complainant made several attempts to contact the Respondent and when he did meet with him he was promised that payment in full would be made in the coming weeks, this did not happen. Such promises were given to the Complainant on more than one occasion. |
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 €910.20. this sum is made up of outstanding wages of €150.00; holiday pay of €496.20 and one week’s wages for pay in lieu of notice €264.00. The sum of €910.20 should be paid to the Complainant within 42 days from the date of this Decision.
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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: 17th January 2019
Workplace Relations Commission Adjudication Officer: Jim Dolan
Key Words:
Payment of Wages At, 1991. |