ADJUDICATION OFFICER DECISION.
Adjudication Reference: ADJ-00017580
Parties:
| Complainant | Respondent |
Anonymised Parties | A Chef. | A Restaurant. |
Representatives |
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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-00022716-001 | 19/10/2018 |
Date of Adjudication Hearing: 05/02/2019
Workplace Relations Commission Adjudication Officer: David Mullis
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 6 of the Payment of Wages Act, 1991following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
Background:
The Complainant worked as a Chef in a restaurant owner by the Respondent from the 10th March 2018. The Complainant’s employment was terminated, without notice, on the 1st October 2018 and his complaints are that he was not paid at all or was paid less than his agreed rate of pay from July 2018 up to the termination of employment on the 1st October 2018. |
Summary of Complainant’s Case:
The Complainant says that he worked, usually, up to 60 hours per week at an hourly rate of €12 per hour. In his complaint CA-00022716-001, the following are the payments of wages he says are due to him from July 2018 up to October 1st 2018: July 2018: The Complainant was paid €2880.60. This left a balance due of €1336.83 on hours worked of 240.05. August 2018: The Complainant was paid €2463.96. This left a balance due of €851.19 on hours worked of 205.33. September 2018: The Complainant was paid €1713.24 + €200. This left a balance due of €1375.71 on hours worked of 142.77 October 2018 (September pay): The Complainant was paid €642. This left a balance due of €528.38 on hours worked of 53.5 hours. The total amount of wages due, net, is €4092.11. The total pay due in lieu of holidays, claimed by the Complainant, also under CA-00022716-001 is €1679.04, gross, on 11.66 day’s pay due. The complainant produced the above figures in evidence. He says they were provided by the accountant who provided the financial accounts for the Respondent restaurant. |
Summary of Respondent’s Case:
The Respondent did not appear. I am satisfied from the papers in the file that he was notified of the time, date and venue of the hearing. |
Findings and Conclusions:
I find for the claimant. There has been a clear breach of the terms of the Payment of Wages Act, 1991. The amounts claimed are clearly due to the Complainant. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.
Section 6 of the Payment of Wages Act, 1991 requires that I make a decision in relation to the Complaints in accordance with the relevant provisions of the Act.
I find for the Complainant, as articulated above. |
Dated: 12th March 2019
Workplace Relations Commission Adjudication Officer: David Mullis
Key Words:
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