ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00029068
Parties:
| Complainant | Respondent |
Anonymised Parties | An Employee | A Liquidator. |
Representatives | none | Jeff Landers JW Accountants |
Complaint(s):
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-00036642-001 | 12/06/2020 |
Date of Adjudication Hearing: 08/03/2021
Workplace Relations Commission Adjudication Officer: Niamh O'Carroll Kelly
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 complainant alleges he is owed three months wages. |
Summary of Complainant’s Case:
The Complainant stated that he is owed his wages for the months of August, September and October 2019. He is owed €6,619.66. He made several requests for the money via text message and face to face. His employer stated on a number of occasions that he would be paid but to date he has not. The last communication between the parties was in February 2020. The Complainant filed his claim on the 12.06.2020. The Complainant trusted the Respondent when he stated that he was making all efforts to pay him. He had no reason to believe that he would not be paid. |
Summary of Respondent’s Case:
There was no attendance for or on behalf of the Respondent. The case officer spoke to the liquidator on Friday 5th March. The liquidator informed the case officer that he was aware of the hearing date and time but would not be attending the hearing today. |
Findings and Conclusions:
The Complainant’s uncontested evidence was that he was not paid for the months of August, September, or October 2019. He filed his claim with the WRC on the 12.06.2020. The complainant was paid €2,206.55 net per month. By letter dated the 15.06.2020 the Complainant was informed by the WRC the following: “An Adjudication Officer may not entertain a complaint/dispute under section 6 of the Payment of Wages Act, 1991 if it has been presented after the expiration of the period of 6 months beginning on the date of the contravention to which the complaint relates”. The complainant stated that the reason he did not file is claim within the six months period allowed by the Act was due to his employer’s repeated promises that he would be paid. His evidence that he had no reason not to trust the Respondent was credible. Documentary evidence in the form of text messages and oral evidence was adduce demonstrating the efforts the Complainant went to secure payments and the assurances he was given by the Respondent. Section 41 (8) Workplace Relations Act 2015 states: “An adjudication officer may entertain a complaint or dispute to which this section applies presented or referred to the Director General after the expiration of the period referred to in subsection (6) or (7) (but not later than 6 months after such expiration), as the case may be, if he or she is satisfied that the failure to present the complaint or refer the dispute within that period was due to reasonable cause”. I find, based on the facts outlined to me, that the Complainant has established reasonable cause and accordingly I find that I have jurisdiction pursuant to Section 41 (8) to entertain the complainant’s complaint. The complaint is well founded. I award the complainant € 6,619.66
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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.
The complaint is well founded. I award the complainant €6,619.66 |
Dated: 31-03-21
Workplace Relations Commission Adjudication Officer: Niamh O'Carroll Kelly
Key Words:
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