ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00015032
Complaint:
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-00019559-001 | 02/06/2018 |
Date of Adjudication Hearing: 29/11/2018
Workplace Relations Commission Adjudication Officer: Andrew Heavey
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 was employed by the respondent from 7th February 2018 until 27th May 2018. The complainant did not receive a contract of employment but confirmed that he worked seven hours per day, three days per week and was paid €9.55 gross per hour. The complaint relates to unpaid wages. The complainant confirmed that he had omitted to include “Limited” in relation to the name of the entity in his complaint. As the WRC complaint form is not a statutory form, the amendment was noted and is reflected in the original Decision that issues to both parties. |
Summary of Complainant’s Case:
The complainant stated that he agreed with the respondent that he would not receive payment for working until he had obtained a PPS Number following the commencement of his employment. The complainant stated that receiving his PPS Number took approximately two months and that for the entirety of his employment he received only one payslip for €200. The complainant stated he is currently owed approximately €1300.00 in respect of unpaid wages. |
Summary of Respondent’s Case:
The respondent did not attend the adjudication hearing and was not represented. |
Findings and Conclusions:
It is regrettable that the respondent did not attend the adjudication hearing to put forward its position in relation to the complaint. The Applicable Law Section 5(6) of the Payment of Wages Act, 1991 (6) Where— (a) the total amount of any wages that are paid on any occasion by an employer to an employee is less than the total amount of wages that is properly payable by him to the employee on that occasion (after making any deductions therefrom that fall to be made and are in accordance with this Act), or (b) none of the wages that are properly payable to an employee by an employer on any occasion (after making any such deductions as aforesaid) are paid to the employee, then, except in so far as the deficiency or non-payment is attributable to an error of computation, the amount of the deficiency or non-payment shall be treated as a deduction made by the employer from the wages of the employee on the occasion. I am satisfied, on the uncontested evidence of the complainant that he is owed €1300.00 in respect of unpaid wages. Accordingly, I declare that the complaint is well founded. |
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.
The respondent is directed to pay the complainant €1300.00 in respect of unpaid wages. |
Dated: 07/03/2019
Workplace Relations Commission Adjudication Officer: Andrew Heavey
Key Words:
Payment Wages Act, 1991. |