ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00029213
Parties:
| Complainant | Respondent |
Anonymised Parties | A Quantity Surveyor | A Construction Company (in liquidation) |
Representatives | none | Eoin Doyle KPMG |
Complaint:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00038881-001 | 24/07/2020 |
Date of Adjudication Hearing: 25/02/2021 and 13/04/2021
Workplace Relations Commission Adjudication Officer: Ewa Sobanska
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.
At the outset of the second day of the hearing the parties’ attention was drawn to the judgment from the Supreme Court in the case of Zalewski v Adjudication Officer and WRC, Ireland and the Attorney General [2021] IESC 24 and the key points were set out to the parties. In particular, the parties were informed of the procedural changes applicable to the hearing of all complaints post the judgment. The parties were invited to present their views in that regard. The parties had no comments or observations. No serious and direct conflict of evidence emerged in the course of the hearing and consequently there was no requirement for me to adjourn the hearing to await the amendment of the Workplace Relations Act, 2015 and related enactments to grant Adjudication Officers the power to administer an oath or affirmation.
Background:
The Complainant commenced his employment with the Respondent on 11th March 2019. He referred his complaint to the Director General of the WRC on 24th July 2020 alleging that the Respondent has paid him less that the amount due to him. He claimed that he was owed €7,848.53 gross in outstanding wages which was due to him on 17th July 2020. The Respondent was in contact with the WRC on 21st October 2020 by telephone and on 23rd October 2020, 2nd November and 3rd November 2020 by email. A hearing was scheduled on 25th February 2021 and letters informing the parties of the hearing arrangements issued on 25th January 2021. The Respondent did not attend the hearing. The Complainant informed the WRC that the Respondent company has gone into liquidation by Order of the High Court on 29th January 2021 and he furnished the WRC with the details of the liquidators appointed. On 3rd March 2021 the Complainant and the liquidator were notified of the arrangements for the second hearing scheduled on 13th April 2021. Mr Eoin Doyle of KPMG attended the hearing on behalf of the Respondent. |
Summary of Complainant’s Case:
The Complainant submits that the Respondent has not paid him the sum of €7,848.53 gross which was due to him on 17th July 2020. The Complainant presented his calculations in that regard. |
Summary of Respondent’s Case:
The Liquidator does not dispute the Complainant’s calculations or his assertion that he is owed €7,848.53 gross. |
Findings and Conclusions:
On the basis that the Respondent did not dispute the Complainant’s claim I find that the Respondent has made an unlawful deduction of €7,848.53 gross from the Complainant’s wages. |
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.
I declare this complaint to be well founded. I direct the Respondent to pay the Complainant the sum of €7,848.53 less any lawful deductions. |
Dated: 26th May 2021
Workplace Relations Commission Adjudication Officer: Ewa Sobanska
Key Words:
Underpayment of wages- Payment of Wages Act |