ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00018193
Parties:
| Complainant | Respondent |
Anonymised Parties | A Chef | A Restaurant |
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-00023411-001 | 21/11/2018 |
Date of Adjudication Hearing: 18/01/2019
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015, this complaint was assigned to me by the Director General. I conducted a hearing on January 18th 2019, for the parties to have an opportunity to be heard and to present evidence relevant to the complaint. The complainant attended alone and without representation. The respondent did not attend, although I established that they were properly on notice of the hearing. I proceeded with my enquiry into this complaint and reached a decision based on the uncontested evidence of the complainant.
Background:
The complainant worked as a chef in the respondent’s restaurant in County Wicklow from June 1st 2017 until October 1st 2018. He complains that on that date, when the restaurant closed and his employment was terminated, he was owed wages due to a shortfall in the wages paid to him every month from June 2018. |
Summary of Complainant’s Case:
On October 1st 2018, the complainant said he got a phone call from the manager who told him not to come to work because the premises was closed. The complainant said that he knew the business had financial difficulties because from June 2018, he was only paid half his wages every month. On his complaint form, which he submitted on November 21st 2018, he stated that he is owed €7,041.66 in wages and €2,560.46 in holiday pay. Included with his complaint form, the complainant sent a copy of an e mail from the company’s accountant dated October 29th 2018. Attached to this mail were copies of his payslips for each month in 2018, until the date of his termination. The accountant confirmed that the payments owed each month from June 2018 amount to €7,041.66 and the holiday pay owed is €2,560.46, resulting in a total amount owed of €9,602.01. At the hearing, the complainant said that, before submitting his complaint, he tried to contact the restaurant owner “many times” but he got no response. |
Summary of Respondent’s Case:
The respondent did not attend the hearing. |
Findings and Conclusions:
Based on the evidence of the complainant, and the e mail submitted by him from the company’s accountant, I find that that he has suffered a shortfall in wages due to him of €9,601.01. |
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 have decided that the respondent is to pay the complainant €9,601.01 gross, in respect of unpaid wages due on the date of the termination of his employment on October 1st 2018. |
Dated: 5.3.19
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Key Words:
Non-payment of wages |