ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00037184
Parties:
| Complainant | Respondent |
Parties | Vanessa Marcal Da Silva | XS Direct Insurance Brokers Limited (In receivership) |
Representatives | None | None |
Complaint:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00048464-001 | 03/02/2022 |
Date of Adjudication Hearing: 29/06/2022
Workplace Relations Commission Adjudication Officer: Kevin Baneham
Procedure:
On the 3rd February 2022, the complainant referred a complaint to the Workplace Relations Commission pursuant to the Payment of Wages Act. The complaint was scheduled for adjudication on the 29th June 2022.
The complainant attended the hearing. There was no appearance by or on behalf of the respondent, nor the receivers. I ensured that the parties were on notice of the time, date and venue of the hearing, and that they had been sent the remote access link to the hybrid hearing. I waited some time to accommodate a late arrival. Having taken these steps, I proceeded with the hearing in the absence of the respondent and the receivers.
In accordance with section 41 of the Workplace Relations Act, 2015following 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.
Summary of Complainant’s Case:
The complainant outlined that on the 28th April 2020 the respondent imposed a 15% salary reduction on all the staff. This was not negotiated and nor was it agreed. The reduction was in place until the ending of her employment on the 16th February 2022. The complainant said that the respondent made promises to her that she would be compensated for the wages not paid to her. This never took place, and she was owed €9,625 in unpaid wages. The complainant said that she found it hard to make ends meet because of the reduced wages. |
Summary of Respondent’s Case:
The respondent did not attend the hearing and nor did it make submissions to oppose the claim. |
Findings and Conclusions:
This is a complaint pursuant to the Payment of Wages Act, which regulates deductions to employee’s wages and prohibits unlawful deductions. Where there is an unlawful deduction and a contravention of the Act, it allows the employee to pursue a claim to the Workplace Relations Commission. Here, it is not disputed that the respondent imposed a pay cut without the consent of the complainant. There was no other ground that could permit this non-payment. The respondent outlined to the complainant and the other staff that it would review the pay cut and pay these monies to the complainant at a later stage. The respondent cited that these were temporary measures related to the pandemic. The monies, however, were never paid. I find that the wages were properly payable to the complainant. I find that the contravention of the Payment of Wages Act occurred when the respondent undertook to pay these monies in 2021 but did not in fact pay them. This encompasses the €9,625 due in wages. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
CA-00048464-001 I decide that the complaint pursuant to the Payment of Wages Act is well-founded and the respondent shall pay to the complainant compensation of €9,625. |
Dated: 16th August 2022
Workplace Relations Commission Adjudication Officer: Kevin Baneham
Key Words:
Payment of Wages Act / ‘properly payable’ / contravention |