ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00015528
Parties:
| Complainant | Respondent |
Anonymised Parties | Floor Manager | Frozen food company |
Representatives | Self | Company Director |
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-00020200-001 | 04/07/2018 |
Date of Adjudication Hearing: 15/04/2019
Workplace Relations Commission Adjudication Officer: Marguerite Buckley
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
Background:
The Complainant is a floor manager and the Respondents are a food production company. |
Summary of Complainant’s Case:
The Complainant brought a claim for wages due. He was due wages from week fifty-three in 2016, €1,262.00 gross. He was due €224.00 gross from week twenty-five in 2018, €448.00 gross from week twenty-six in 2018. He was due two public holidays. |
Summary of Respondent’s Case:
The Respondent’s case is that the business has ceased but unfortunately, they do not have sufficient funds to engage a liquidator to liquidate the company. They agreed that the amounts above were due to the Complainant. |
Findings and Conclusions:
Section 41 (6) of the Workplace Relations Act 2015 provides that the complaint should be presented within six months beginning on the date of contravention to which the complaints relate.
The complaint in relation to the 2016 monies due to the Complainant are lodged well outside the six-month time period.
I accept the evidence of the Complainant in relation to the other unlawful deductions. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
I award in the sum of €851.20 gross in respect of the wages unlawfully deducted and public holidays |
Dated: 5th June 2019
Workplace Relations Commission Adjudication Officer: Marguerite Buckley