ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00033811
Parties:
| Complainant | Respondent |
Parties | Daoquan Zhang | Huawen Foundation Limited |
Representatives |
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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-00044702-001 | 20/06/2021 |
Date of Adjudication Hearing: 24/02/2022
Workplace Relations Commission Adjudication Officer: Hugh Lonsdale
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. All evidence was given by affirmation
Background:
The respondent did not attend the hearing. |
Summary of Complainant’s Case:
The complainant submits he started working for the respondent in 2017. He was paid monthly up to and including October 2020. He continued to work remotely but was not paid after that. The respondent did not reply to his enquiries about pay. As he was not being paid he resigned at the end of January 2021. With notice and untaken annual leave this took his service up to the end of February 2021. He was on a salary of €37,500. He claims the unpaid salary amounts to €12,400. |
Summary of Respondent’s Case:
The respondent did not attend the hearing and made no engagement with WRC in relation to this complaint. I am satisfied they were on notice of the hearing. |
Findings and Conclusions:
The complainant provided copies from his Revenue account which showed the respondent had submitted payslips for him for the months of November 2020, December 2020, January 2021 and February 2021 to Revenue. He supported this with a copy of his bank which shows payments from the respondent for the months of September and October 2020 but none thereafter. I am satisfied the respondent did not pay the complainant for the period 1 November 2020 to 28 February 2021, a period for which he was entitled to be paid. I conclude the complainant was entitled to €12,400 gross pay for this period. |
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.
For the reasons given above I find the complaint is well founded and I award the complainant €12,400. |
Dated: 11th March 2022
Workplace Relations Commission Adjudication Officer: Hugh Lonsdale
Key Words:
Non payment of wages |