ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00031363
Parties:
| Complainant | Respondent |
Parties | Marzia Mastrosimone | Reads Design, Print & Display |
Representatives | The claimant represented herself | The respondent did not attend and was not represented at the hearing |
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-00041701-001 | 23/12/2020 |
Date of Adjudication Hearing: 04/08/2021
Workplace Relations Commission Adjudication Officer: Emer O'Shea
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and/or Section 6 of the Payment of Wages Act 1991 following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
Background:
The claimant worked for the respondent from the 25th.Nov. 2020 to the 2nd.December 2020 and complained that she was not paid by the respondent. |
Summary of Complainant’s Case:
The claimant submitted that she commenced work for the respondent as a printer operator from the 25th.Nov. 2020 to the 2nd.Dec. 2020.She was asked to complete an employment form by the respondent and advised him that she was unable to complete it as she as yet not been assigned a PPS number.He informed her that he could not pay her until she received her PPS number.The claimant said that the Revenue guidelines on the matter were open to interpretation and that colleagues of her were paid while awaiting a PPS number.Her employment finished the following week as the respondent said he could not register her as an employee without a PPS number.The claimant submitted that the respondent advised her to revert to him when she got her PPs number and he would pay her her outstanding wages.The claimant did not have a bank account at this time and the respondent suggested that he could pay her through her partner’s bank account.The claimant applied for the PPS number on the 1st.December and received the PPS number on the29th.December.She forwarded the details to the respondent at the end of December 2020 but he failed to respond and her wages remained outstanding. |
Summary of Respondent’s Case:
The respondent did not attend and was not represented at the hearing. |
Findings and Conclusions:
On the basis of the uncontested evidence of the claimant , I am satisfied that she worked the 35 hours claimed by her and that she was not paid for that work.I find the non payment of wages constitutes an illegal deduction under the Act ad accordingly, I am upholding her complaint. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
Section 6 of the Payment of Wages Act 1991 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.
I uphold the complaint and require the respondent to pay the claimant €420 compensation within 42 days of the date of this decision. |
Dated: 12th October 2021
Workplace Relations Commission Adjudication Officer: Emer O'Shea
Key Words:
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