ADJUDICATION OFFICER DECISION

Adjudication Reference:  ADJ-00031854

Parties:

Complaint(s):

Date of Adjudication Hearing:  25/05/2021

Workplace Relations Commission Adjudication Officer:  Jim O'Connell

Procedure:

In accordance with Section 41 of the Workplace Relations Act, referral of the complaintto 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

This matter was heard by way remote hearing pursuant to the Civil law and Criminal Law (miscellaneous Provisions) Act 2020 and SI 359/20206, which designates the WRC as a body empowered to hold remote hearings.

No objections were raised to the remote hearing.

The parties were advised that arising from the Supreme Court judgement in the Zalewski v Adjudication Officer and WRC (2021) IESC 24 it is necessary for Adjudication Officers to implement certain procedural changes with immediate effect in relation to the conduct of hearings pending the introduction of the required legislative amendments to address the issues.

Therefore, I wish to confirm that the following procedural changes are applicable to the hearing of all complaints being heard now, even if they were lodged before the 6th April,21.

 In this regard, the parties should note that all adjudication hearings are now open to the public, other than where the investigation of the complaint does not amount to the administration of justice.

Furthermore, where a serious, direct conflict of evidence in the complaint before an adjudication officer emerges in the course of the proceedings, the Adjudication Officer will be obliged to adjourn the hearing to wait the require amendments of the Workplace Relations act 2015 and related enactments to grant the WRC the power to administer the \Oath or Affirmation.

No objections

Background

The Complainant was employed by the respondent from the 9th June 2020 until the 11th August 2020 as a Secretary. She worked 37 hours per week. She was paid €3166.66 gross (2956.39 nett) per month.

The complainant submitted that she is owed total of €5912.78 in wages.

Summary of the Complainant case

 The Complainant commenced working for the respondent on the 9th June 2020 and In July, the complainant met with the Managing Director, he decided to increase her wage from a weekly pay at 14 euros per hour for a 37-hour week to a salary of €38,000 per annum and to be paid on the 28th of each month. On the 11th August 2020 she was told that the office for the business would be closing on that date. She was given no notice and was out of a job from the 11th August 2020.

The complainant stated that she was paid for the first three weeks of working there bringing it to the end of June 2020 and then she would be paid monthly for July. On the 28th July she was not paid her monthly salary and met with the Managing Director who said that he has transferred the money to her account that it is coming from the UK bank, and it would take a few days. The complainant stated that she was not paid and by the 11th August 2020 she still had not been paid for the months of July.

The complainant stated that she was again informed by the Managing Director that she would be paid for the months of July and August as no notice was given. The Managing Director informed the complainant that after tax for the month of July she would get €2596.39, and he wrote this down on a bit of paper.

On the 12th October she was contacted by the Managing Director who stated that he will pay the amount he owes me in cash and going as far as sending me a text message on the 12th October 2020 stating ready to go.

Correspondence was sent to the Managing Director  by the complainant  on the 29th of October 2020, but no response was received.

Findings

The respondent did not attend.

Correspondence was sent to the respondent which he acknowledged.

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.

Based on the uncontested evidence I have decided that the complaint is well founded, and I award the complaint the sum of €5912.78

Dated:   1st July 2021

Workplace Relations Commission Adjudication Officer:  Jim O'Connell

Key Words: