ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00046604
Parties:
| Complainant | Respondent |
Parties | Anand Rajagopalan | Layer Digital Solutions Limited (Formerly - Ubanquity Systems Ltd) |
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-00057195-001 | 12/06/2023 |
Date of Adjudication Hearing: 15/11/2023
Workplace Relations Commission Adjudication Officer: David James Murphy
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
Background:
The Complainant worked for the Respondent from June 2022 until May 2023. He was dismissed due to the Respondent experiencing financial difficulties. At the time of dismissal he was owed salary, notice and leave which remain unpaid.
Shortly after the employment relationship ended the Complainant brought a complaint under the payment of wages act. A hearing was held to consider this. The Complainant attended. The Respondent failed to attend. |
Summary of Complainant’s Case:
The Complainant made detailed oral and written submissions. The Respondent is on notice of this and other complaints. The Complainant’s line manager had a similar case and the Respondent attended that hearing. Another colleague of the Complainant brought complaints and no one turned up to that hearing, In April and May 2023 the Complainant was not paid any salary. On the 29th of May 2023 the Complainant received a redundancy email from the Respondent. Funding issues had emerged and the end of April and due to this financial situation he was being let go. He was paid 9583.33 per month and was owed two months salary totally €19166. The Respondent committed to pay one months notice pay, but they didn’t As such the Complainant is owed three months pay from the Respondent. The Complainant referred to the emails setting out this situation, the promise of notice pay and his contract of employment. The Complainant is owed a further 7 days outstanding holiday. He is also seeking his 5% pension contribution for April and May 2023. |
Summary of Respondent’s Case:
The Respondent did not attend the hearing. |
Findings and Conclusions:
I am satisfied that a hearing notification was sent to the Respondent’s registered address. They were on notice of the hearing and did not attend. The Complainant has alleged a series unlawful deductions under the payment of wages act. I am satisfied that his pay for April and May, his notice and outstanding leave were properly payable under the payment of wages act. His employer did not pay these sums and this failure constitutes an unlawful deduction under the act. His pension contributions are not considered wages for the purpose of this act and are therefore not payable. I find in favour of the Complainant and as per section 6 of the Act award him compensation for the following. Outstanding pay for April 2023 of €9583.33. Outstanding pay for May 2023 of €9583.33. His payment in lieu of notice €9583.33. 7 days outstanding annual leave €3,354.16 |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
The complaint is well founded. I direct the Respondent pay the Complainant €32,104.15 |
Dated: 14th December 2023
Workplace Relations Commission Adjudication Officer: David James Murphy
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