ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00027037
Parties:
| Complainant | Respondent |
Anonymised Parties | Café Worker | Cafe |
Complaint:
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-00034634-001 | 13/02/2020 |
Date of Adjudication Hearing: 19/01/2021
Workplace Relations Commission Adjudication Officer: Janet Hughes
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 complaint submitted was concerned with unpaid wages and holiday pay as at 07 February 2020. The employment relationship terminated on 01/02/2020. The complaint was submitted on 13 February 2020. The Respondent confirmed that the correct trading name is that set out on this Decision. The complainant was notified of the hearing using the details provided on the WRC complaint form. Correspondence received from the Respondent was also sent to the same address. There was no communication from the Complainant and she did not attend the remote hearing scheduled for January 19, 2021. |
Summary of Complainant’s Case:
The Complainant did not attend the hearing and therefore no evidence was presented to support the complaint. I am satisfied that the WRC took all reasonable steps to contact the Complainant based on the information provided by her on the complaint form. |
Summary of Respondent’s Case:
The Respondent provided records showing payments transferred to the Complainant in February 2020. It was agreed that the payments were transferred after the date of the complaint. The Respondent said that she understood the Complainant left Ireland some time ago. However, she had no new contact details for her. As the Bank had not indicated that the Complainants account was closed, it was understood that she had received the monies paid in February 2020. |
Findings and Conclusions:
As no evidence was presented by the Complainant that she did not receive the monies showing as paid to her account on February 17th and 24th 2020 or, alternatively that the payments received did not represent full payment of her wages and or holiday pay, the complaint must be regarded as not well founded. |
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.
Payment of Wages Act 1991 The complaint brought by the Complainant is not well founded. |
Dated: 02/02/2021
Workplace Relations Commission Adjudication Officer: Janet Hughes
Key Words:
Unpaid wages and holiday pay on termination |