ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00017780
Parties:
| Complainant | Respondent |
Anonymised Parties | Labourer | Construction Company |
Representatives | The claimant represented himself | The respondent did not attend and was not represented at the hearing |
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-00022865-001 | 25/10/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00022865-003 | 25/10/2018 |
Date of Adjudication Hearing: 06/08/2019
Workplace Relations Commission Adjudication Officer: Emer O'Shea
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 [and/or Section 6 of the Payment of Wages Act 1991 and/or the Terms of Employment (Information)Act 1994] 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).
Summary of Complainant’s Case:
The claimant was employed as a labourer with the respondent from the 20th.August 2018 to the 9th.Sept. 2018.He submitted the respondent was in breach of the Payment of Wages Act 1991 for failing to pay him outstanding wages of €1,450 owed for the period from the 27th.August – 9th.Sept. 2018.He asserted he was underpaid for his first week in employment and was owed a further €80 for extra hours worked that week.The claimant contended that the respondent had agreed a rate of €10.00 per hour at the commencement of employment.The claimant stated that he made numerous attempts to resolve the matter with the respondent and the claimant furnished copies of text messages in support of that contention.The claimant submitted that the respondent was in breach of the Terms of Employment (Information) Act 1994 for failing to furnish him with written terms and conditions of employment in accordance with Section 3 of the Act. |
Summary of Respondent’s Case:
The respondent did not attend and was not represented 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.
Section 6 of the Payment of Wages Act 1991 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.
On the basis of the uncontested evidence of the claimant , I am upholding the complaint and require the respondent to pay the claimant €1,530.00 compensation for breach of the Payment of Wages Act,1991.
Section 7 of the Terms of Employment (Information) Act 1991 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.
As the claimant did not have 2 months in the employment of the respondent, I have no jurisdiction to investigate this element of the complaint.
Dated: 9th October 2019
Workplace Relations Commission Adjudication Officer: Emer O'Shea