CORRECTION ORDER
ISSUED PURSUANT TO SECTION 41 OF THE WORKPLACE RELATIONS ACT 2015
This Order corrects the original Decision ADJ 34390 issued on March 29th 2022 in respect only of the correct legal name of the respondent and should be read in conjunction with that Decision.
ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00034390
Parties:
| Complainant | Respondent |
Parties | Cole Saunders | Cooley Allen Digital Limited |
Complaints:
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-00044642-001 | 15/06/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00045499-001 | 03/08/2021 |
Date of Adjudication Hearing: 10/03/2022
Workplace Relations Commission Adjudication Officer: Pat Brady
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.
Summary of Complainant’s Case:
The complainant commenced his employment with the respondent on August 1st 2020. On getting an offer of alternative employment, he gave the respondent two weeks’ notice, although only required to give one.
Shortly afterwards he noticed that the employer had not paid his salary for his final month’s work; March 2021. Various excuses were made in relation to cash flow, loss of business etc and after continued promises to pay the amount, an offer was made to pay it over four months.
However, the complainant did not receive any payment and viewed the proposed offer of phased payments as just a delaying tactic. |
Summary of Respondent’s Case:
The respondent did not attend the hearing or provide any explanation for his failure to do so. |
Findings and Conclusions:
As noted the respondent did not attend the hearing. He had engaged with the WRC at earlier stages in the process and was fully on notice of the hearing. He applied for a postponement on March 6th, four days before the hearing but there is no evidence on file of any supporting explanation for his request; e.g. proof of a travel commitment, ill-health etc.
It is a relatively straightforward matter, and the respondent has been on notice of the case since shortly after it was referred in August 2021. In the circumstances, the hearing proceeded and evidence was heard from the complainant on affirmation.
His evidence was credible, including on the fact that the respondent had offered to pay on a phased basis over four months, thereby strongly indicating that the monies claimed are not in dispute.
The complainant may well regret now not having accepted that offer but in any event, I find that he is entitled to succeed in respect of both his wages and annual leave complaints and his complaint is well founded.
I award him wages in the amount of €4,500 and payment in respect of annual leave in the amount of €1161.00. |
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.
Complaint CA-00004599-001 is well founded and I award the complainant wages in the amount of €4,500.00 subject to normal statutory deductions and payment in respect of annual leave in the amount of €1161.00.
The second complaint CA-00044642-001 is a duplicate and is not well-founded. |
Dated: 29th March 2022
Workplace Relations Commission Adjudication Officer: Pat Brady
Key Words:
Payment of Wages |
ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00034390
Parties:
| Complainant | Respondent |
Parties | Cole Saunders | Cooley Allen Digital |
Complaints:
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-00044642-001 | 15/06/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00045499-001 | 03/08/2021 |
Date of Adjudication Hearing: 10/03/2022
Workplace Relations Commission Adjudication Officer: Pat Brady
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.
Summary of Complainant’s Case:
The complainant commenced his employment with the respondent on August 1st 2020. On getting an offer of alternative employment, he gave the respondent two weeks’ notice, although only required to give one.
Shortly afterwards he noticed that the employer had not paid his salary for his final month’s work; March 2021. Various excuses were made in relation to cash flow, loss of business etc and after continued promises to pay the amount, an offer was made to pay it over four months.
However, the complainant did not receive any payment and viewed the proposed offer of phased payments as just a delaying tactic. |
Summary of Respondent’s Case:
The respondent did not attend the hearing or provide any explanation for his failure to do so. |
Findings and Conclusions:
As noted the respondent did not attend the hearing. He had engaged with the WRC at earlier stages in the process and was fully on notice of the hearing. He applied for a postponement on March 6th, four days before the hearing but there is no evidence on file of any supporting explanation for his request; e.g. proof of a travel commitment, ill-health etc.
It is a relatively straightforward matter, and the respondent has been on notice of the case since shortly after it was referred in August 2021. In the circumstances, the hearing proceeded and evidence was heard from the complainant on affirmation.
His evidence was credible, including on the fact that the respondent had offered to pay on a phased basis over four months, thereby strongly indicating that the monies claimed are not in dispute.
The complainant may well regret now not having accepted that offer but in any event, I find that he is entitled to succeed in respect of both his wages and annual leave complaints and his complaint is well founded.
I award him wages in the amount of €4,500 and payment in respect of annual leave in the amount of €1161.00. |
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.
Complaint CA-00004599-001 is well founded and I award the complainant wages in the amount of €4,500.00 subject to normal statutory deductions and payment in respect of annual leave in the amount of €1161.00.
The second complaint CA-00044642-001 is a duplicate and is not well-founded. |
Dated: 29th March 2022
Workplace Relations Commission Adjudication Officer: Pat Brady
Key Words:
Payment of Wages |