Complainant

Respondent

Parties

Pawel  Kosowski

Maple Wood Fired Pizza Matvera Central Limited

Representatives

  Self-Represented

 No Appearance

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-00046797-001

21/10/2021

I conducted a remote hearing in accordance with the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and Statutory Instrument 359/2020 which designates the Workplace Relations Commission as a body empowered to hold remote hearings.

I explained the changes arising from the judgment of the Supreme Court in Zalewski v. Adjudication Officer and WRC, Ireland and the Attorney General [2021] IESC 24 on 6 April 2021. The Complainant agreed to proceed in the knowledge that decisions issuing from the WRC would disclose their identities.

The Complaint Form was received on 21 October 2021.

Having waited a reasonable period time, there was no appearance on behalf of the Respondent. I am satisfied that the Respondent was on notice of hearing. Therefore, I proceeded with the hearing.

The interpreter swore an oath and the Complainant an affirmation.

The Complainant submitted pay slips for the relevant period together with WhatsApp messages exchanged between him and the Respondent.

It was the Complainant’s evidence that he was paid €14 per hour and worked as a Chef when required by the Respondent. He commenced in or around 16 March 2021 and resigned on 30 June 2021. He stated he did not have a contract of employment.

The Complainant initially worked 20-30 hours per week and in the last few weeks only worked 4 hours per week.

The Complainant stated he did not get his annual leave entitlement and his public holiday entitlement upon leaving his employment. He further gave evidence that he did not receive payment for the previous weeks he worked.

He did not receive payment for public holidays worked on 18 June 2021, 25 June 2021 and 02 July 2021 together with holiday pay upon termination and hours worked. The Complainant’s evidence was he was not paid a total of €634 for the following despite receiving payslips. The payslips presented were dated as follows:

9 April 2021 - €322 gross

25 June 2021 - €156 gross

2 July 2021 - €56 gross

9 July 2021 - €56 gross

The Complainant submitted there was another payment of €45.36 due and owing for public holidays which was not evident from in the payslips.

The Complainant provided evidence of a WhatsApp message from the Respondent confirming wages were due and seeking his bank account details for payment. A further message was sent from the Respondent confirming the accountant will be in touch “in the coming weeks”. The Complainant gave evidence he has not received any or all of the wages sought.

There was no appearance by the Respondent.

It is important to note that for the legislation which the Complainant seeks to rely on there is a statutory limitation in terms of time. The Payment of Wages Act 1991, Section 6 (4) provides for a time limit of 6 month to initiate a claim. In relation to the Payment of Wages Act 1991, Section 6 (4) provides:-

“(4) A rights commissioner shall not entertain a complaint under this section unless it is presented to him within the period of 6 months beginning on the date of the contravention to which the complaint relates or (in a case where the rights commissioner is satisfied that exceptional circumstances prevented the presentation of the complaint within the period aforesaid) such further period not exceeding 6 months as the rights commissioner considers reasonable”

The Complainant filed his complaint to the WRC on 21 October 2021. His claim relates to payment which was due on 9 April 2021 which falls outside of the 6 month period beginning on the date of contravention. There were no exceptional circumstances put forward by the Complainant as to why the time should be extended. It is noted that the Complainant continued to work for the Respondent during this period up to 30 June 2021.

Therefore , I am limited in jurisdiction to consider the period from 21 April 2021 to the date of the complaint form was submitted on 21 October 2021.

I find that the Complainant’s evidence to be clear and supported by documentary evidence in the form of payslips together with correspondence from the Respondent acknowledged payment was due and owing.

Therefore, I find the Complainant’s well founded in relation to the payment set out in the payslips of

25 June 2021 - €156 gross / €309.03 net (to include holiday pay)

2 July 2021 - €56 gross / €55.72 net

9 July 2021 - €56 gross / €55.72 net

In relation to the claim for public holidays worked on 18 June 2021, 25 June 2021 and 02 July 2021, I find there was no public holiday on any of those dates.  Therefore, I do not find this element of the claim well founded.

I find that the complaint is well founded and award the Complainant compensation in the sum of €420.47.