ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00036325
Parties:
| Complainant | Respondent |
Parties | Mihaela Meda Moldovan | Cagney Maintenance Services Limited |
Representatives | Mr. Marius Marosan | Self-Represented |
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-00047490-001 | 03/12/2021 |
Date of Adjudication Hearing: 15/11/2022
Workplace Relations Commission Adjudication Officer: Brian 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:
On 3rd December 2021, the Complainant referred the present complaint to the Commission. Herein she alleged that she had not been paid during a period of suspension in contravention of the Act. At the hearing of the same, held on 15th November 2022, the Respondent stated that they had made a decision to pay the Complainant the sum in question, with payment being received by the date of the hearing. In such circumstances the complaint under the Act was conceded by the Respondent and payment in respect of the same was issued. |
Summary of the Complainant’s Case:
On the date of lodging the complaint form, the Complainant stated that she did not receive payment during a period of suspension, in contravention of the Act. By the date of the hearing, the Complainant confirmed that she received payment from the Respondent in respect of the amount outstanding. |
Summary of the Respondent’s Case:
The Respondent submitted that payment was made to the Complainant and no further payments remain outstanding. |
Findings and Conclusions:
In circumstances whereby it is common case that all wages deemed “properly payable” within the meaning of the Act have been paid, I find that the complaint is not well-founded. |
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 is not well-founded. |
Dated: 28th April 2023
Workplace Relations Commission Adjudication Officer: Brian Dolan
Key Words:
Properly Payable, Concession |