ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00045745
Parties:
| Complainant | Respondent |
Parties | Michael Gavagan | Solarstream Limited |
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-00056259-001 | 24/04/2023 |
Date of Adjudication Hearing: 28/11/2023
Workplace Relations Commission Adjudication Officer: Pat Brady
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
Summary of Complainant’s Case:
The complainant was employed by the respondent from April 19th, 2022, until April 4th, 2023.
The complainant gave his evidence on oath.
His original claim under the Payment of Wages Act related to annual leave which had been outstanding, but which was eventually paid on May 25th, 2023.
However, in that pay slip there was a deduction of €107.83 which was not explained or authorised. He produced the relevant pay slip in giving his evidence.
The complainant believes this relates to some alleged damage to equipment but he both denies any liability for the damage or that he authorised the payment to be deducted. |
Summary of Respondent’s Case:
The respondent did not attend the hearing and no explanation was given for the failure to do so. |
Findings and Conclusions:
As noted above the original complaint was resolved in advance of the hearing but the complainant has raised a related issue under the same legislation in respect of an alleged unlawful deduction of €107.88.
While the amount is relatively small there was no lawful or contractual basis for the deduction from the complainant’s wages and it therefore represented an unlawful deduction. |
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.
In accordance with the relevant provisions of the Payment of Wages Act, 1991 I decide that the complaint is well-founded, and I direct that the respondent pay the complainant compensation in the amount of €107.83. |
Dated: 6th December 2023
Workplace Relations Commission Adjudication Officer: Pat Brady
Key Words:
Payment of Wages |