ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00024220
Parties:
| Complainant | Respondent |
Anonymised Parties | Software Developer | Software Company |
Representatives |
|
|
Complaints:
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-00030967-001 | 17/09/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00030967-002 | 17/09/2019 |
Date of Adjudication Hearing: 31/10/2019
Workplace Relations Commission Adjudication Officer: Eugene Hanly
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015,following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
Background:
The Complainant was employed as a Front-End Software Developer from 30th October 2018 to 30th August 2019. He was paid €5,416.67 gross and €3,287.41 net per month. He has claimed that he is owed wages, holiday pay and minimum notice. |
Payment of Wages CA 30967-001/002
Summary of Complainant’s Case:
The Complainant stated that the business closed on 30th August 2019 and this was confirmed in writing by the Respondent. The Respondent also set out all the monies owed. |
1)CA 30967 -001
Wages
He has claimed that he is owed wages for the month of August 2019, amounting to €5,416.67 gross and €3,287.41 net.
Holiday pay
He has claimed €1,411.24 gross in holiday pay
2) CA 30967-002
Minimum Notice
He has claimed a contractual entitlement to four weeks’ pay amounting to €5,416.67 gross.
He also advised that he has received €400 since making the application to the WRC.
Summary of Respondent’s Case:
The Respondent supplied a written statement to the Complainant advising that the company had closed on 30th August 2019 and set out the monies that he is owed. |
Findings and Conclusions:
Based on the uncontested evidence and the written statement supplied by the company I find as follows: I note that Payment of Wages Act 1991 Sec 6(2) 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”
1) CA 30967 -001 a) Wages I find that the Complainant is owed wages as claimed and supported by the written statement of the Respondent. I find that he is owed wages for the month of August 2019 amounting to €3,287.41 net.
b) Holiday pay I find that he is owed holiday pay as claimed and supported by the written statement of the Respondent amounting to €1,411.24 gross which equates to €1,001.98 net based on details supplied.
2) CA 30967-002 Minimum Notice I find that he is owed four weeks minimum notice as claimed and supported by the Respondent’s written statement, which amounts to €3,287.41 net.
I find that the total amount owed amounts to €7,576.80 less €400 received, leaving a balance of €7,176.80 owing. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints 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 case is well founded.
I have decided that the Respondent has made an unlawful deduction of €7,176.80.
I require the Respondent to pay the Complainant €7,176.80 within six weeks of the date below.
Dated: 13th November 2019
Workplace Relations Commission Adjudication Officer: Eugene Hanly
Key Words:
Unlawful deduction from wages |