ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00019161
Parties:
| Complainant | Respondent |
Anonymised Parties | Painter & Decorator | Painting Contactor |
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-00025011-001 | 14/01/2019 |
Date of Adjudication Hearing: 15/04/2019
Workplace Relations Commission Adjudication Officer: Eugene Hanly
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 as a Painter/Decorator from 1st September 2015 to 15th December 2018. He was paid €600.39 gross and €567.83 net per week. He has claimed that he is owed wages.
|
Summary of Complainant’s Case:
He has claimed that he is owed the last three weeks wages up to 15th December 2018 amounting to €1,680.He has also claimed for two weeks unpaid holidays in August 2018 and two weeks unpaid holidays at Christmas 2018 totalling €2,240 |
Summary of Respondent’s Case:
The Respondent did not attend and was not represented. |
Findings and Conclusions:
I note correspondence on the file advising both parties of the venue, date and time of the hearing. I note that the Respondent did not attend and was not represented at the hearing. Based on the uncontested evidence before this hearing I find as follows: Wages I find that the Complainant is owed the last three weeks net wages leading up to 15th December 2018 amounting to 3 X €567.83 net = €1,703.49, not €1,680 as claimed. Holiday pay I find that the Complainant is owed two weeks holidays pay in respect of August 2018 and two weeks holiday pay in respect of Christmas 2018 amounting to 4 X €567.83 net = €2,271.32 not €2240.00 as claimed. Sec 6(2) of this Act states, “the commissioner shall order the employer to pay to the employee compensation of such an amount … not exceeding (a) the net amount of wages”
|
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 has breached Sec 5 of this Act.
I have decided that the Respondent should pay the Complaint a total of €3,974.81net within six weeks of the date below.
|
Dated: 28/05/19
Workplace Relations Commission Adjudication Officer: Eugene Hanly
Key Words:
Wages owed |