ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00023906

Parties:

	Complainant	Respondent
Anonymised Parties	A Painter	An Employment Agency

Representatives

N/A

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-00030642-001	04/09/2019

Date of Adjudication Hearing: 16/10/2019

Workplace Relations Commission Adjudication Officer: Breiffni O'Neill

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 started employment with the Respondent, a recruitment agency, on 8th July 2019 as an industrial painter. Having checked his bank account on 30th August 2019, he noted that his pay in respect of the previous week had been reduced. He was informed by the Respondent that he had been overpaid which he disputes.

Summary of Complainant’s Case:

The Complainant stated that he received a gross amount of €738.37 per week. He claimed that his final payment was reduced by €321.30 and stated that this amount had been taken without his consent.

Summary of Respondent’s Case:

The Respondent did not attend on the day of the hearing.

Findings and Conclusions:

Given that the Respondent did not attend the hearing, I find that the Complainant’s claim is well founded and award him €321.30, which is subject to any applicable taxes and charges.

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.

I find that the Complainant’s claim is well founded and award him €321.30, which is subject to any applicable taxes and charges.

Dated: 20th November 2019

Workplace Relations Commission Adjudication Officer: Breiffni O'Neill

Key Words: