Complainant

Respondent

Parties

Adam  Mura

Ciaran Walsh Phelan Gaming

Representatives

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-00042599-001

19/02/2021

The complainant was employed by the respondent as a video editor (Content Personnel) from 01/04/2020 until 31/01/2021.  He was paid in October for the months of April to July 2020 and did not receive anything until a payment of €800 was made by the respondent on 30/05/2021.  The complainant was paid €750 per month and worked 17.50 hours per week.  He submitted his claim to the Workplace Relations on 19/02/2021.

The complainant viewed the respondent as a friend and did occasional work for him.  In April 2020 this was formalised and the complainant was issued with a contract of employment.  This outlined that he would be an employee and would submit a monthly invoice to cover his wages and an expense of a monthly subscription to “Adobe Creative Cloud” for €30.74.

He commenced employment on 01/04/2020 and was regularly assured that he would be issued with a contract of employment.  This was eventually issued on 12/09/2020.  The complainant was not paid for a few months and was assured by the respondent that this was due to delays in banking.  He was never notified that he would not receive his wages.  The complainant submitted evidence of text messages from the respondent which indicated that the respondent hoped to be able to sort matters “sometime within the next few weeks (hopefully next) as I said last week.”

The complainant received his first payment in October 2020 and this covered the months of April to July 2020.  He never received any pay slips despite his contract of employment stipulating that “Phelan Gaming or its representative will send out a payslip to the Content Personnel with the wages”.

The complainant submitted copies of all the invoices he sent to the respondent for the period April 2020 to January 2021.  A total of six invoices not paid.  These were for the months of August 2020 until January 2021 and came to a total of €4,684.44.  The complainant received a payment of €800 on 30/05/2021 and this was accompanied by an offer from the respondent to “… pay €800 per month, on the 30th day of each month, until the original amount is paid in full”.  The respondent also indicated that he hoped to have the amount “paid in full by September 1st based on the fact that there is no additional legal costs.” It is regrettable that the respondent did not made any further payments.  The complainant is seeking payment of the balance of his wages which amounts to €3,884.44.

The respondent did not attend the hearing.  I am satisfied that the respondent was issued with a letter by e mail on 21/06/2021 advising him of the date and time of the hearing along with details of how to access the remote hearing.

The Payment of Wages Act, 1991, defines “wages”

“wages” in relation to an employee, means any sums payable to the employee by the employer in connection with his employment, including –

(a)   Any fee bonus or commission, or any holiday, sick or maternity pay, or any other emolument, referable to his employment, whether payable under his contract of employment or otherwise, and

(b)   Any sum payable to the employee upon the termination by the employer of his contract of employment without his having given the employee the appropriate prior notice or the termination, being a sum paid in lieu of giving of such notice”.

It is clear that the complainant was working under a contract of employment issued by the respondent on 12/09/2020. This contract outlines that the complainant commences work on 01/04/2020 and ends on 31/01/2021.  The wages are outlined at €750 per month with a clear instruction that the complainant will submit an invoice after 23rd of each month along with details of any expenses.

The complainant is claiming outstanding wages for the months of August 2020 until January 2021 and come to a total of €4,684.44.  I note that the respondent has paid the sum of €800 and this leaves a balance due of €3,884.44. Having reviewed the documentation provided, and based on the uncontested evidence, I am satisfied that the complainant is due this amount.  I find this complaint to be well founded.

I find that this complaint is well founded and I award the complainant the sum of €3,884.44.  I order the respondent to pay this amount within 42 days from the date of this decision.

Payment of wages.  Non payment