Complainant

Respondent

Parties

Richard  Mooney

Titin Limited

Representatives

Neil Brehony, Sean Ormonde Solicitors

 Not present or represented

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-00045868-001

27/08/2021

Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994

CA-00045868-002

27/08/2021

Written and oral submissions were made in relation to the complaints summarised as follows:

The Complainant was a former I.T. Manager employed by the Respondent from 19th April 2021 to 20th July 2021.  His agreed annual salary was €58,000 plus travelling expenses based on Civil Service mileage rate of 46c per km.  At the end of the employment relationship, the Complainant received just €4,575.87 net payment in three stages.  He calculates that he is owed approximately €20,000 wages plus €2,111.40 expenses for travel.  He received his last pay on 4th June 2021 for the two week period paid in arrears.  He became aware, through a media report that the Respondent’s company was likely in financial trouble.  The Respondent subsequently had an email access problem and he sent up to 100 threatening text messages to the Complainant and the Complainant heard no more after 20th July 2021.  The Complainant seeks the unpaid wages, expenses together with payment for annual leave accrued and payment in lieu of notice.

The Complainant also contends that he never received written notice of terms of conditions of employment.  He makes the point that had he received such written terms, it is likely the notice period would be greater than the minimum required by law.

CA-00045868-001    Payment of Wages Act 1991

The uncontested evidence of the Complainant is that he agreed to work for the Respondent for an annual salary of €58,000.  He worked for the Respondent for in or around 3 months.  He received €3,569 and he produced evidence of this payment.  The Complainant claims that the Respondent breached the Payment of Wages Act 1991 by withholding wages, payment in lieu of annual leave and payment for minimum notice. The Complainant also claims payment for travel expenses in the sum of €2,111.40. 

Definition of Wages in Payment of Wages Act 1991

“wages”, in relation to an employee, means any sums payable to the employee by the employer in connection with his employment, including—

(a)    any fee, bonus or commission, or any holiday, sick or maternity pay, or any other emolument, referable to his employment, whether payable under his contract of employment or otherwise, and

(b)    any sum payable to the employee upon the termination by the employer of his contract of employment without his having given to the employee the appropriate prior notice of the termination, being a sum paid in lieu of the giving of such notice:

Provided however that the following payments shall notbe regarded as wages for the purposes of this definition:

(i)                  any payment in respect of expenses incurred by the employee in carrying out his employment,

(ii)                any payment by way of a pension, allowance or gratuity in connection with the death, or the retirement or resignation from his employment, of the employee or as compensation for loss of office,

(iii)               any payment referable to the employee's redundancy,

(iv)               any payment to the employee otherwise than in his capacity as an employee,

(v)          any payment in kind or benefit in kind.

As the definition of wages specifically provides that expenses shall not be regarded as wages for the purposes of the definition, I am not in a position to adjudicate upon the Complainant’s claim for payment of travel expenses.

In relation to the sums withheld from the Complainant for wages, payment in lieu of annual leave and minimum notice, I find that the following amounts were withheld as wages and are due to be paid to the Complainant:

€14,500 for 3 months pay

€1,208 for payment in lieu of 5 days annual leave

€1,208 for payment for minimum notice

As the Complainant received the sum of €3,569, the total amount of wages to be paid is €13,347.

I find the complaint to be well founded and I require the Respondent to pay to the Complainant the sum of €13,347.

CA-00045868-002   Terms of Employment (Information) Act 1994

On the uncontested evidence of the Complainant, I find his complaint that he did not received written terms of conditions of employment to be well founded and I require the Respondent to pay to the Complainant the sum of €2,400 compensation.   

I have decided that the complaint is well founded and I require the Respondent to pay to the Complainant the sum of €13,347.

CA-00045868-002   Terms of Employment (Information) Act 1994

I have decided that the complaint is well founded and I require the Respondent to pay to the Complainant the sum of €2,400 compensation.  

Payment of wages, definition excludes expenses.