ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00019708
| Complainant | Respondent |
Anonymised Parties | A Bartender/Nightporter | A Public House |
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-00026059-001 | 06/02/2019 |
Date of Adjudication Hearing: 03/07/2019
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
Background:
The Complainant was seeking the payment of unpaid wages. |
Summary of Complainant’s Case:
The Complainant was employed as a Bartender/Night Porter from May 20th 2018 to September 9th 2019. He advised he often was paid late and that he was due 89.5 hours payment for the period between July 2018 and September 2018 at a rate of 10.5 Euros per hour. He is seeking payment of 939.75 Euros in unpaid wages. |
Summary of Respondent’s Case:
A Complaint was received by the Director General of the Workplace Relations Commission by the Complainant on February 6th 2019 alleging that his former employer contravened the provisions of the Payment of Wages Act 1991 in relation to him. The said complaint was referred to me for investigation. A Hearing for that purpose was held on July 3rd 2019. There was no appearance by or on behalf of the Respondent at the Hearing. I am satisfied that the said Respondent was informed in writing of the date, time and place at which the Hearing to investigate the complaint would be held and were not present at the Hearing. |
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.
Based on the uncontested evidence of the Complainant I find that the Respondent is in breach of Section 5 of the 1991 Payment of Wages Act by making a deduction of wages due to the Complainant without the Complainants consent and I award the Complainant 939.75 Euros. |
Dated: 18.07.2019
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Key Words:
Unpaid wages |