ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00017737

Parties:

	Complainant	Respondent
Anonymised Parties	A Cleaner	A Cleaning Company

Representatives

Self Represented

Not present

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-00022907-001	29/10/2018

Date of Adjudication Hearing: 07/02/2019

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 payment of wages due.

Summary of Complainant’s Case:

The Complainant is employed as a Cleaner.

She was not paid the following hours which were properly due to her under the Act;

18/8/18 2.25

2/8/18 4.18

14/10/18 15.5

28/10/18 1.78

26/1/18 3

Plus the following Sunday pay;

Wk 14/10/18 .5

Wk 28/10/18 .5

Plus the following holidays;

Wk 26/1/18 .25

Her rate of pay is 10.40 per hour.

She was due a total of 265.86 Euros and was paid 138.02 Euros in payslip number 2.

She is due 127.84 Euros pay in breach of Section 5 of the Act.

Summary of Respondent’s Case:

A Complaint was received by the Director General of the Workplace Relations Commission by the Complainant on October 29th 2018 alleging that her employer contravened the provisions of the Payments of Wages Act 1991 in relation to her. The said complaint was referred to me for investigation. A Hearing for that purpose was held on February 7th 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 but the said Respondent was 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 award her 127.84 Euros.

Dated: 15th May 2019

Workplace Relations Commission Adjudication Officer: Peter O'Brien

Key Words:

Non payment of wages