ADJUDICATION OFFICER DECISION.
Adjudication Reference: ADJ-00034843
Parties:
| Complainant | Respondent |
Parties | Gema Maria Bueno Lopez | Ok Consultancy Ltd. |
Representatives | In person | Mr Khemraj Odoye, company owner. |
Complaint:
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-00045792-001 | 23/08/2021 |
Date of Adjudication Hearing: 06/09/2022
Workplace Relations Commission Adjudication Officer: Jim Dolan
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.
Background:
The Complainant was employed by the Respondent as a Legal Executive. Employment commenced on 1st October 2020 and ended on 28th May 2021. The Complainant, during her employment received a gross monthly salary of €2,250.00. The hearing of the complaint took place by way of a remote hearing on Tuesday 6th September 2022. Both the Complainant and the Respondent provided verbal evidence under affirmation at the hearing. The Complainant was assisted at the hearing by an interpreter supplied by the Workplace Relations Commission. The interpreter also made an affirmation prior to the hearing. |
Summary of Complainant’s Case:
The Complainant was not paid for the months of April and May 2021. Attempts were made by her to receive payment from her employer – such attempts were not successful. The total amount of salary owed to the Complainant is €4,500.00. |
Summary of Respondent’s Case:
The Respondent does not dispute that the Complainant is owed €4,500 in unpaid salary. The Respondent, at present, does not have the financial capability to make this payment. The Respondent informed the hearing that he has experienced some difficulties in the business and at present most of his business files are in the possession of An Garda Siochana who are conducting an investigation. The Respondent is also experiencing some difficulties obtaining permission to work in the country and this has a negative impact on his ability to secure employment and pay the outstanding salary to the complainant. |
Findings and Conclusions:
It is not disputed that the Complainant is owed €4,500 in outstanding salary. As per the CRO website the company is a Limited Company, the current status is Normal. I find that the complaint as presented under section 6 of the Payment of Wages Act, 1991 is well founded. The Complainant is owed €4,500.00 and I now order the Respondent to make this payment to the Complainant within 42 days of the date of this decision. |
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.
I find that the complaint as presented under section 6 of the Payment of Wages Act, 1991 is well founded. The Complainant is owed €4,500.00 and I now order the Respondent to make this payment to the Complainant within 42 days of the date of this decision. |
Dated: September 13th 2022
Workplace Relations Commission Adjudication Officer: Jim Dolan
Key Words:
Payment of Wages Act, 1991. |