ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00036674
Parties:
| Complainant | Respondent |
Parties | Darren Greaney | Darragh Minouge t/a Minouge Tree Services |
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-00047841-001 | 24/12/2021 |
Date of Adjudication Hearing: 06/09/2022 Remote hearing
Workplace Relations Commission Adjudication Officer: Marguerite Buckley
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 complain
This matter was heard 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.
The Complainant gave evidence by affirmation.
Background:
The Complainant was hired by the Respondent on a part-time basis. His role was to cut up/process timber into firewood. |
Summary of Complainant’s Case:
The Complainant commenced working on 8 October 2021. He had replied to an advertisement posted by the Respondent on Facebook looking for a part-time worker. The Complainant worked two days namely on the 8 October 2021 and on 11 October 2021 for the Respondent. He did not receive payment for these days despite requesting same from the Respondent. |
Summary of Respondent’s Case:
There was no attendance by the Respondent. |
Findings and Conclusions:
I have reviewed the file and note that the Respondent was written to in advance of the hearing notifying him of the hearing date. The address of the Respondent provided by the Complainant was verified with a Google search. I have reviewed the messages exchanged between the parties. I am satisfied that the Complainant was an employee of the Respondent and that he worked 23 hours for the Respondent at a rate of €13 per hour. I am satisfied that the sum of €299 is properly payable to the Complainant and that there was an unlawful deduction of that sum by the Respondent. |
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.
This complaint is well founded. I award the Complainant the sum of €299.00. |
Dated: 27th October 2022
Workplace Relations Commission Adjudication Officer: Marguerite Buckley
Key Words:
Unlawful deduction of wages |