ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00027450
Parties:
| Complainant | Respondent |
Parties | Andrejs Klevickis | Deividas Daskevicius |
Representatives | None | None |
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-00034919-001 | 28/02/2020 |
Date of Adjudication Hearing: 16/04/2021
Workplace Relations Commission Adjudication Officer: Conor Stokes
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:
This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act, 2020 and S.I. No. 359/2020 which designates the WRC as a body empowered to hold remote hearings. The complainant presented his complaint with the assistance of an interpreted provided by the WRC. |
Summary of Complainant’s Case:
The complainant submitted that he was employed by the respondent from April 2019 until 17 August 2019. He received his wages on a monthly basis. The complainant provided details of his wages, wage slips and the dates upon which his wages were lodged to his bank account on a monthly basis. The complainant submitted that his employment came to an end on 17 August and he received his payslip on 3 September in the usual fashion, however, this was not followed up by a payment into his account. The complainant also submitted that his final wage slip was not accurate in that it only included one week’s wages, not the two weeks he worked. His wage slip indicated that he was paid a rate of €10 per hour and indicated a payment of €490.40 was due to the complainant in respect of holiday pay. |
Summary of Respondent’s Case:
The respondent did not attend the hearing of this matter and provided no reason for the non-attendance. |
Findings and Conclusions:
Having considered all the evidence presented to me, I am satisfied that the complainant was employed by the respondent. I am also satisfied that the complainant has demonstrated that he was not paid the wages owing to him amounting to two weeks wages, i.e. 40 hours worked each week x €10 per hour and the outstanding holiday pay indicated in his payslip, i.e. €490.40. Accordingly, I find that this complaint is well founded and that the complainant was not paid the sum of €1290.40 due to him. |
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.
As I have found that this complaint is well founded, my decision is to award the complainant compensation of €1290.40 equivalent to the amount of the wages due to him. |
Dated: 26 May 2021
Workplace Relations Commission Adjudication Officer: Conor Stokes
Key Words:
Payment of wages, documentary evidence, award |