ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00024237
Parties:
| Complainant | Respondent |
Anonymised Parties | Software Developer | Software Company |
Representatives |
| DID NOT ATTEND |
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-00030973-001 | 18/09/2019 |
Date of Adjudication Hearing: 05/11/2019
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 Software Developer from 1st February 2018 to 4th September 2019. He was paid €3,333.33 gross and €2,548.32 net per month. He has claimed that he is owed wages. |
Summary of Complainant’s Case:
The Complainant stated that he is owed his salary for the month of August 2019 amounting to €2,5648.32 net. He has also claimed for holiday pay amounting to €254.15 net. These figures were based on payslips provided. No monies were lodged to his bank account. |
Summary of Respondent’s Case:
The Respondent did not attend and was not represented. |
Findings and Conclusions:
I note correspondence on 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. Based on the uncontested evidence before this hearing I find as follows: I accept the Complainant’s evidence that he did not receive payment for the month of August 2019, amounting to €2,548.32, despite having been issued with a payslip. I also accept his evidence that he was not paid €254.15 in holiday pay despite having been issued with a payslip. I find that having examined his bank accounts supplied that no payments for the above sums were received. I find that the Respondent owes the Complainant a total sum amounting to €2,802.47. I note that 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 this complaint is well founded.
I require the Respondent to pay the Complainant €2,802.47 within six weeks of the date below.
Dated: 8th November 2019
Workplace Relations Commission Adjudication Officer: Eugene Hanly
Key Words:
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