ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00044382
Parties:
| Complainant | Respondent |
Parties | Brendan Moran | Emex Software Limited |
| Complainant | Respondent |
Anonymised Parties |
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Representatives |
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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-00055245-001 | 23/02/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00055245-002 | 23/02/2023 |
Date of Adjudication Hearing: 13/06/2023
Workplace Relations Commission Adjudication Officer: Hugh Lonsdale
Procedure:
In accordance with Section 41 of the Workplace Relations Act, following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints. The parties were afforded an opportunity to examine and cross-examine each other’s evidence. All evidence was given under oath or by affirmation.
Background:
The complainant is claiming unpaid wages and payment in lieu of notice. Both parties were informed of the hearing on 13 June 2023 by letter dated 16 May 2023. The respondent did not engage with the WRC but I am satisfied they were on notice of the hearing. The respondent did not attend the hearing and gave no written submission. |
Summary of Complainant’s Case:
The complainant says he started working for the respondent on 1 November 2022 as VP Finance at a salary of €10,417.00 per month. He submits he only received half his pay in October 2022 and received no pay for November, December 2022 and January 2023. At the end of January 2023 he contacted Simon Kelly, the Owner of the respondent and was advised his best option was to cease employment. He therefore did not receive a month’s notice as per his contract. His access to company systems was immediately removed. His claim is for: · €36,459 in unpaid salary up to the end of January 2023. · €10,417 in lieu of notice period · €3,021 in vouched expenses · €554 in mobile phone expenses · Pension contribution for the entirety of his employment · Commission |
Summary of Respondent’s Case:
The respondent did not attend and provided no written evidence. |
Findings and Conclusions:
As the respondent did not attend and provided no written evidence my investigation is based on the oral and written evidence of the complainant. The complainant was a credible witness and I have no reason not to believe any of the evidence he provided. The Payment of Wages Act specifically excludes “expenses incurred by the employee in carrying out his employment” and “any payment by way of a pension”. Therefore, I can make no finding in relation to these parts of the claim. The complainant provided a copy of his contract which provided for the payment of a bonus if certain targets were reached. The complainant could not provide any evidence as to whether he had reached these targets. I am, therefore, unable to make a finding in relation to this part of his claim. I accept the uncontested oral evidence, given under oath, of the complainant in relation to the pay and notice part of the claim. I find he is owed a total of €46,876.00 |
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.
For the reasons given above I find the complaint is well founded and I award the complainant €46,876.00. |
Dated: 31st August 2023
Workplace Relations Commission Adjudication Officer: Hugh Lonsdale
Key Words:
Payment of wages well founded |