Complainant

Respondent

Parties

Rebeca  Mihutescu

Card Factory Republic of Ireland Limited

Representatives

Self-Represented

Self-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-00041864-001

08/01/2021

The Complainant commenced employment with the Respondent on 30th November 2020. The Complainant was engaged as a retail assistant for the Respondent’s busy period, with the employment terminating on 24th December 2020.

On 8th January 2021, the Complaint lodged the present complainant with the Commission. Herein, she alleged that she had not received full payment for all hours of work completed. By response, the Respondent accepted that a sum was due to the Complainant, and that this had arisen due to an earlier payment not being processed by the Complainant’s bank.

A hearing in relation to this matter was convened and finalised on 4th August 2021. This hearing was conducted by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and SI 359/20206, which designates the WRC as a body empowered to hold remote hearings. No technical issues were experienced by either side during the hearing. No issues as to my jurisdiction to hear the complaint were raised at any stage of the proceedings.

The Complainant submitted that she did not received full payment for all hours worked. The Complainant stated that for her wages for the month of December (the only month she worked for the Respondent) amounted to €627.23 She submitted that on the 24th December, she received a payslip for €96.71, however this amount was not transferred to her bank account. Between the lodgement of the complaint form and the hearing, the Complainant received payment of €309.51. On the date of the hearing the Complainant still was owed the sum of €317.52 in unpaid wages.

By response, the Respondent accepted that the Complaint may not have received all wages due and owing. They submitted that they sought to make three transfers to the Complainant’s bank account, however for reasons unknown to them, only one was processed, this being the payment of €309.51 received by the Complainant.

At the hearing the Respondent undertook to correspond with the Complainant, and ensure the outstanding payment was processed.

Given that both parties agree that that the Complainant was not paid in full for all hours worked. This constitutes an illegal deduction from wages that are properly payable. Having regard to the foregoing I find that the complaint is well founded and consequently the Complainant’s application succeeds.  

CA-00041864-001 – Complaint under the Payment of Wages Act

I find that the complaint is well-founded and consequently the Complainant’s application succeeds.

In relation to redress, Section 6(2) of the Act (as amended) empowers me to award such redress as deemed reasonable in the circumstances, so long as the same does not exceed the total amount of wages owed.

Having regard to the totality of the evidence present I order the Respondent to pay the Complainant the sum of €317.52, this being the amount of unpaid wages agreed at the hearing.

Non-payment, bank transfer