Complainant

Respondent

Parties

Denis  Cordas

Pastabox (in Liquidation)

Representatives

None 

 Flavien Keily, Irish Liquidations

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-00019672-001

09/06/2018

At the start of the hearing I explained the implications of a recent Supreme Court judgement in Zalewski v Adjudication Officer and WRC. This meant hearings are now held in public and decisions will not be anonomised. I also clarified that evidence should be taken on oath where there is a conflict in that evidence. I told the parties I would be prepared to continue with the hearing without evidence being taken but I would consider what to do if a conflict arose. Both parties confirmed they understood what I had said and that they were happy to continue with the hearing.

The complainant worked for the respondent as a chef from 15 March 2017 until they ceased business on 14 April 2018. He was paid €10.50 an hour and was contracted to work 40 hours per week.

He submits that during the final two months of his employment he worked long hours, as he was the only person left in employment. He was not paid some weeks and not paid for the hours he worked in the other weeks. He kept a record of these hours and calculated he was owed 181.50 hours when his employment stopped. He was paid for 50 hours a couple of weeks later and therefore is claiming for 131.50 hours at €10.50; €1,380.75.

He took no annual leave during 2018 and claims he is owed €600 for untaken and unpaid annual leave.

The respondent went into Liquidation and a Liquidator was appointed on 31 May 2018. She was in contact with the complainant after this regarding any outstanding issues.

The Liquidator gave evidence that following her appointment the complainant had been paid €1,092 for unpaid hours of work.

She also confirmed he had been paid €499.80 for untaken and unpaid annual leave.

She also confirmed that the complainant had been paid one week’s notice, which was his entitlement.

The evidence was not contested that the complainant claimed he was owed €1,380.75 and had been paid €1,092. I accept the complainant’s evidence he had kept a record of the hours he worked and I find he is owed the difference, which is €288.75.

The Liquidator gave evidence the untaken and unpaid leave had been calculated and he was paid €499.80. I find these calculations are correct and the complainant has no outstanding claim.

For the reasons given above I find the complaint is well founded and I award the complainant €288.75.

Liquidation – outstanding hours