ADJUDICATION OFFICER DECISION.
Adjudication Reference: ADJ-00024818
Parties:
| Complainant | Respondent |
Anonymised Parties | Waitress / Chef | 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-00031592-001 | 16/10/2019 |
Date of Adjudication Hearing: 18/02/2020
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 as a waitress/chef by the Respondent from 5th June 2018 until 2nd September 2019. She worked 39 hours per week for which she was paid a gross wage of €468.00. This complaint was received by the Workplace Relations Commission on 16th October 2019. |
Summary of Complainant’s Case:
The Complainant contends that her employer was having financial difficulties and from March 2019 she did not receive the wages she had earned, she would be paid some monies, this fell far short of what she was due. The Complainant produced bank statements showing this to be the case. In total the Complainant was underpaid a total of €4,317.68 for the period of March to September 2019. |
Summary of Respondent’s Case:
The Respondent and/or a representative did not attend the hearing of the complaint and failed to contact the WRC to offer any explanation into his non-attendance. I am satisfied that correspondence in relation to the date, time and venue for the hearing of the complaint was sent in a timely manner to the Respondent. |
Findings and Conclusions:
From the uncontested evidence adduced at hearing I am satisfied that the complaint is well founded and now order the Respondent to pay the Complainant the sum of €4,317.68. 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: 7th September 2020
Workplace Relations Commission Adjudication Officer: Jim Dolan
Key Words:
Payment of Wages Act, 1991. |