Complainant

Respondent

Anonymised Parties

A Construction Worker

A Construction Company

Representatives

none 

none 

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-00035169-001

10/03/2020

The complainant commenced employment with the respondent on 31/01/2020. He worked as a general operative and was paid weekly. His pay was dependent on the hours worked and he usually worked 39 hours per week.   On 28/02/2020 he was informed by text message that a main contractor was terminating their contract, and this resulted in the respondent not having any more work for the complainant. He was not paid for his final week. The complainant submitted is claim to the WRC on 10/03/2020. A remote hearing took place on 19/01/2021.

The complainant was employed as a general operative with the respondent from 31/01/2020 until 28/02/2020. He was not issued with any contract of employment and did not receive any pay slips. His employer terminated his contract on 28/02/2020.   He did not receive any payment for his last week. The complainant accepts that there was good reason to terminate his employment when the main contractor ended its contract with the respondent. The complainant notes that the respondent submitted details of payroll details to Revenue for week ending 28/02/2020 this shows that the complainant was due €655.20 gross pay.

The respondent confirms that the complainant was employed by him and accepts the dates provided.   At the end of February 2020, a main contractor left the site and as a result he suffered substantial financial loss. He has not been able to recover the full amount due. The respondent accepts that the complainant is due the wages claimed and also accepts the figure of €655.20 submitted to Revenue is the correct amount. The respondent informed the hearing that he has commenced site work again after having been closed for months. He confirmed that he will pay the amount due to the complainant and has begun paying other former employees.

The Payment of Wages Act 1991 defines employee as “a person who has entered into or works under (or, where the employment has ceased, entered into or worked under) a contract of employment…” The Act notes that the term “contract” applies “whether the contract is express or implied and if express, whether it is oral or in writing.”

The Act defines “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 to the employee the appropriate prior notice of the termination, being a sum paid in lieu of the giving of such notice..”

I find that the complainant was employed by the respondent at the dates outlined. There is no dispute in relation to the amount of wages due and I conclude that the complainant is due the sum of €655.20 gross pay.

I find that the complaint is well founded, and I award the complainant the sum of €655.20 gross in wages. I order the respondent to pay this amount within 42 days of the date of this decision.

Wages not paid