ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00044433

Parties:

	Complainant	Respondent
Parties	Dylan Joynt	Brass Fox Wicklow Limited

Representatives

Not represented

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-00055354-001	11/07/2022

Date of Adjudication Hearing: 27/02/2023

Workplace Relations Commission Adjudication Officer: Seamus Clinton

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 and present any evidence relevant to the complaint. As the respondent did not attend the hearing on 27th February 2023, I forwarded the relevant documentation to afford the respondent an opportunity to respond by 16th March 2023. No response was received.

Background:

The complainant worked a trial shift on 14th June 2022 and was then offered a job by the respondent. He was scheduled to work on 24th, 25th, and 26th June 2022. He worked a shift from 2pm to 10pm on 24th June 2022 and was then informed by text message on 25th June 2022 that his employment was terminated. He was not paid wages for the shift completed on 24th June2022 which amounts to €98.

Summary of Complainant’s Case:

The complainant outlined the sequence of events leading up to the termination of his employment and that he was not paid for 24th June 2022 despite completing the shift in full.

Summary of Respondent’s Case:

The respondent did not attend the hearing on 27th February 2023. Following the hearing, the details of the complaint was forwarded by the Workplace Relations Commission to the respondent on 6th March 2023 allowing for the respondent to reply by 16th March 2023. A response by the respondent was not received by the Workplace Relations Commission by 16th March or to date.

Findings and Conclusions:

I am satisfied that the respondent was on notice of the payment of wages complaint and had adequate opportunity to respond to the complainant by 16th March 2023.

Having enquired into the complaint and based on the evidence submitted, I find that there has been a breach of Section 5 of the Payment of Wages Act in that the complainant was not paid wages properly payable having completed the shift on 24th June 2022.

I find that the complaint is well founded and that a payment of €98 is properly due by the respondent to the complainant.

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.

CA 00055354- I find that the complaint pursuant to the Payment of Wages Act, 1991 is well founded and the respondent shall pay the complainant compensation of €98 for outstanding wages.

Dated: 06-04-2023

Workplace Relations Commission Adjudication Officer: Seamus Clinton

Key Words:

Payment of Wages