ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00025073
Parties:
| Complainant | Respondent |
Anonymised Parties | A Project Manager | A Software Company |
Representatives | Self-Represented | No appearance |
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-00031900-001 | 30/10/2019 |
Date of Adjudication Hearing: 14/01/2020
Workplace Relations Commission Adjudication Officer: Michael McEntee
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 6 of the Payment of Wages Act, 1991 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 issues in contention concern outstanding wages due on the conclusion of the Complainant’s employment. The period of employment was from 09/04/2018 to 30/10/2019. Various local resolution discussions have taken place between the parties. This Adjudication finding is accordingly a matter of record. |
1: Summary of Complainant’s Case:
The Complainant resigned from the Respondent on the 30th September 2019. Notice pay to the 30/10/2019 was agreed. At the date of the Hearing it appeared that ordinary pay for the month of September was still outstanding although Notice Pay plus Holiday pay for October was later received. The Complainant was not required to work his notice. Accordingly, the claim was now for outstanding September Ordinary Pay of Gross Pay €7,083.33 Considerable documentation in support plus oral evidence was produced. |
2: Summary of Respondent’s Case:
No evidence was presented, or oral appearance made. |
3: Findings and Conclusions:
On the basis of the Oral and Written evidence presented I was satisfied that on the balance of probabilities basic pay for September 2019 was due to the Complainant. Accordingly, under Section 6 of the Payment of Wages Act,1991 I direct that the sum of € 7,083.33 be paid to the Complainant. This is gross pay and taxation of same should be considered in conjunction with the Revenue Commissioners. |
4: Decision:
Section 41 of the Workplace Relations Act 2015 and Section 6 of the Payment of Wages Act, 1991 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions of the cited Acts.
Accordingly, under Section 6 of the Payment of Wages Act,1991 I deem this case to be well founded and award the sum of € 7,083.33 to the Complainant.
Taxation to be considered in conjunction with the Revenue Commissioners.
Dated: 7th September 2020
Workplace Relations Commission Adjudication Officer: Michael McEntee
Key Words:
Cessation Pay |