ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00033933
Parties:
| Complainant | Respondent |
Parties | Brendan Wallace | Timber Frame Ireland |
Representatives | Complainant | Unrepresented |
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-00044829-001 | 28/06/2021 |
Date of Adjudication Hearing: 04/03/2022
Workplace Relations Commission Adjudication Officer: Shay Henry
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 Mr Wallace worked for the respondent, Timber Frame Ireland, for approximately 5 weeks before resigning and alleges that he did not receive his correct pay and did not receive holiday pay due on his resignation. |
Summary of Complainant’s Case:
The complainant accepted a position with Timber Frame Ireland in Donegal, relocating from Dublin. The agreed terms were that he would be paid fortnightly with an annual salary of €50,000. On the fourth week of employment, the complainant asked the respondent if he had been registered with Revenue as he had not received a payment or payslip and My Revenue was not updated Online. On that occasion he had been given cash and told that the revenue would be sorted that day. The cash payment was €1572 however there was no payslip to show deducted tax amount. In the email it also stated that the bank transfer had been scheduled for the Friday, however these wages never were received. The complainant worked for a total of 5 weeks and in this time his Revenue details were not updated and he did not receive the next payment which was due on June 11th. Therefore he handed in his notice as there was no clarity or guarantee of payment. The complainant also sent Timber Frame Ireland an email on the 21st June requesting payment of wages owed. This email was not replied to by Timber Frame Ireland. |
Summary of Respondent’s Case:
The respondent did not attend the hearing. |
Findings and Conclusions:
The respondent was on notice of the hearing by letter dated 26 January 2022 and did not attend the hearing. The non-attendance has not been explained to my satisfaction. The complainant’s evidence was that he was not paid for 3 week’s pay and was owed holiday pay in respect of his 5 weeks’ employment which he calculated in total at €3,052.89. In the absence of any evidence to the contrary I accept the complainant’s evidence and find that the complaint is well-founded. |
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.
The complaint is well -founded and I order the respondent to pay the complainant the sum of €3,052.89 |
Dated: 08th April 2022
Workplace Relations Commission Adjudication Officer: Shay Henry
Key Words:
Payment of Wages |