ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00022098

Parties:

	Complainant	Respondent
Anonymised Parties	A Construction Worker	A Construction Company

Complaint:

Act	Complaint Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00028931-001	10/06/2019

Date of Adjudication Hearing: 05/09/2019

Workplace Relations Commission Adjudication Officer: Pat Brady

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.

Summary of Complainant’s Case:

The complainant was told that on commencement with the respondent he would undergo two weeks probation, but that he would be paid for this. He only received €432.00

In due course, on March 10th 2019 he resigned from the employment following a dispute with the owner and sought payment of outstanding wages in the amount of €2,500.00.

The Citizens Information Service contacted the employer on his behalf on April 5th and followed this up with a telephone call on April 23rd.

A representative of the respondent stated that there was no money to make a payment of the wages but that the complainant would be paid at the end of May.

However, as payment was not received the matter was referred to the WRC.

Summary of Respondent’s Case:

The respondent did not attend the hearing and no explanation was received for the failure to do so.

Findings and Conclusions:

This is a relatively simple matter.

The complainant says that he is owed six weeks’ wages at €500.00 per week.

He was a credible witness and supported by the Citizen’s Information Service.

I am satisfied that efforts were made to secure the payment of the outstanding wages and that they are due to the complainant.

I make my award accordingly.

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 uphold Complaint CA-00028931-001 and award the complainant €2,500.00 in wages due to him, subject to the usual statutory and other deductions.

Dated: 09-10-2019

Workplace Relations Commission Adjudication Officer: Pat Brady

Key Words:

Payment of Wages