ADJUDICATION OFFICER DECISION.
Adjudication Reference: ADJ-00023431
Parties:
| Complainant | Respondent |
Anonymised Parties | A kitchen porter | A restaurant |
Representatives | Self | Did not attend. |
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-00029965-001 | 30/07/2019 |
Date of Adjudication Hearing: 11/10/2019
Workplace Relations Commission Adjudication Officer: Jim Dolan
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 by the Respondent from 19/05/2019 until 23/06/2019. This complaint was received by the Workplace Relations Commission on 30th July 2019. Pursuant to section 39 of the Organisation of Working Time Act, 1997 I have amended the name of the Respondent. The complaint made was against a trading name, I have inserted the registered name of the Respondent company. |
Summary of Complainant’s Case:
The Complainant worked mostly at weekends for approximately one month when he handed in his notice due to the Respondent’s failure to pay him the agreed contractual rate of pay. On two occasions when he raised the subject of wages he was handed €100 and €150 in cash and never received a payslip. The Complainant contends that when he was due to be paid the Respondent did not show up to pay him and failed to reply to texts and emails sent by the Complainant. After he left employment the Complainant received a promise from the Respondent that he would be paid the following week, the Respondent failed to pay the Complainant. The Complainant has calculated that he is owed €514.40 in unpaid wages. |
Summary of Respondent’s Case:
The Respondent failed to attend the hearing. |
Findings and Conclusions:
The Complainant is a student and attended the hearing well prepared. He explained what events had taken place and how he had calculated what he is owed. The Complainant was a credible witness. I now order the Respondent to pay the Complainant the sum of €514.40 in unpaid wages and this payment should be made within 42 days from the date of this decision. |
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.
As outlined above. |
Dated: 13th November 2019
Workplace Relations Commission Adjudication Officer: Jim Dolan
Key Words:
Payment of Wages Act, 1991.Section 39 Organisation of Working Time Act, 1997. |