ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00034919
Parties:
| Complainant | Respondent |
Parties | Wali UR Rehman | MCR |
| 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-00046013-001 | 06/09/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00046013-002 | 06/09/2021 |
Date of Adjudication Hearing: 20/04/2022
Workplace Relations Commission Adjudication Officer: Michael Ramsey
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015following 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.
Background:
The Complainant is seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 and has submitted that he did not receive his salary for the week of the 9th July 2021 to the 15th July 2021 (CA-00046013-001). The Complainant is seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 and has submitted that he worked 60 hours a week from the 28th June 2021 to the 28th July 2021 and received salary for 50 hours per week. (CA-00046013-002).
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Summary of Complainant’s Case:
The Complainant commenced employment with the Respondent on the 28th June 2021. The Complainant was employed as a security officer worked 60 hours per week at €11.65 per hour. The Complainants employment ended on the 28th August 2021. The Complaint submitted that he was owed €699.00 for the week of the 9th July 2021 to the 15th July 2021. Further, he was owed €582.50 for the month of 28th June 2021 to the 28th July 2021 wherein he worked 60 hours per week but was only paid for 50 hours per week. This Complaint was received by the Workplace Relations Commission on the 6th September 2021. |
Summary of Respondent’s Case:
The Respondent informed the WRC that they would not be attending the hearing of this matter on the 19th April 2022. However, the Respondent had indicated by email of the 11th April 2022 (that was forwarded to the Complainant on the 19th April 2022) that they were prepared to pay the Complainant what he was owed but required a figure to be provided to them. |
Findings and Conclusions:
In the particular circumstances of this case, I accept the uncontroverted evidence of the Complainant due to the non attendance of the Respondent. Following the hearing of this matter, the Complainant provided a copy of his payslips. The Complainant also indicated by email to the WRC, on the 11th May 2022, that he had calculated he was owed for 55 hours holiday (€640.75) and for 140 hour worked (€1631.00). Accordingly, noting the Respondents position, these complainants are well founded and I find that the Respondent should pay the Complainant the total amount of €2,271.75. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.
I find the Complaints (CA-00046013-001 and CA-00046013-002) made pursuant to section 6 of the Payment of Wages Act, 1991 is well founded and the Respondent should pay the Complainant the total amount of €2,271.75. |
Dated: 5th December 2023
Workplace Relations Commission Adjudication Officer: Michael Ramsey
Key Words:
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