ADJUDICATION OFFICER DECISION.
Adjudication Reference: ADJ-00031132
Parties:
| Complainant | Respondent |
Parties | Donal Lynch | Creative Collisions Limited Talent Hub |
Representatives | In person | Management |
Complaints:
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-00041314-001 | 30/11/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00041314-002 | 30/11/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00041314-003 | 30/11/2020 |
Date of Adjudication Hearing: 02/06/2021
Workplace Relations Commission Adjudication Officer: Jim Dolan
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaint(s) to me by the Director General, I inquired into the complaint(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s).
Background:
The Complainant was employed by the Respondent as a Senior Software Engineer. Employment commenced on 16th August 2020 and ended on 19th November 2020. This complaint was received by the Workplace Relations Commission on 30th November 2020. The complaint consists of three individual complaints, all submitted under section 6 of the Payment of Wages Act, 1991. These are as follows: CA – 00041314 – 001 – the complainant contends that he was not paid salary for the month of October 2020. CA – 00041314 – 002 – the complainant contends that he was not paid salary for the month of November 2020. CA – 00041314 – 003 – the complainant contends that he was not paid in lieu of notice at the end of his employment on 19th November 2020. |
Summary of Complainant’s Case:
CA – 00041314 – 001 – the complainant contends that he was not paid salary for the month of October 2020. The Complainant contends that he was not paid his monthly salary, €5,000 gross, in accordance with his contract of employment. CA – 00041314 – 002 – the complainant contends that he was not paid salary for the month of November 2020. The Complainant contends that he was paid his monthly salary, €5,000 gross for the month of November 2020 in accordance with his contract of employment. CA – 00041314 – 003 – the complainant contends that he was not paid in lieu of notice at the end of his employment on 19th November 2020. |
Summary of Respondent’s Case:
CA – 00041314 – 001. The Complainant was paid in full for the month of October as per payslips and communication from Revenue and the payroll system. CA – 00041314 – 002. The Complainant did not work in November as he had decided to stop working. The Complainant officially resigned with immediate effect (in his own words) on 19th November 2020. CA – 00041314 – 003. By email dated 17th December 2020 from the Respondent to the Complainant, the Complainant is asked to furnish the Respondent with details of what his outstanding holiday entitlements are. The Respondent contends that they have no issue in paying the Complainant any outstanding holidays due once the Complainant informs what his entitlement is. |
Findings and Conclusions:
CA – 00041314 – 001. It was confirmed and accepted at the hearing of the complaint that salary for October 2020 was paid in full to the Complainant. This complaint is therefore closed. CA – 00041314 – 002. The Complainant resigned from employment on 19th November 2020 (date supplied on complaint form). This resignation was with immediate effect. The Complainant was entitled to payment up to 19th November 2020.I have calculated this figure as €3,123.29 (60,000 ÷365 x 19). The Respondent contended that the Complainant done no work during these 19 days, that is a task for supervision / management to address. CA – 00041314 – 003. The Complainant resigned with immediate effect, he was not entitled to any payment in lieu of notice. By email dated 17th December 2020 from the Respondent to the Complainant, the Complainant is asked to furnish the Respondent with details of what his outstanding holiday entitlements are. The Respondent contends that they have no issue in paying the Complainant any outstanding holidays due once the Complainant informs what his entitlement is. The Complainant has an entitlement to be paid for any outstanding holiday entitlement at the time of his resignation. Neither the Complainant or the Respondent were in a position to quantify this at the hearing of the complaint. The Respondent should now accept the Complainant’s figure in this regard and make the appropriate payment. Any outstanding monies due to the Complainant should be paid within 42 days from the date of this decision. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
As outlined above. |
Dated: 01-11-21
Workplace Relations Commission Adjudication Officer: Jim Dolan
Key Words:
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