Worker

Employer

Anonymised Parties

Worker

Employer

Representatives

  N/A

 N/A

Act

Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969

IR - SC - 00001675

16/08/2023

On 29 September 2016, the Worker commenced work as an “HVAC Operative” for the Employer. Most recently, the Worker earned approximately €24.34 gross per hour which came to €949.26 gross (€748 net) per week, when working 39 hours per week. The Worker outlined that the Employer owes him two weeks’ pay.  The Worker also outlined that the Employer owes him €191.98 in expenses. At the end of July/in early August 2023, the Worker ceased working for the Employer. Despite his efforts, the Worker received no information concerning the cessation of his employment or his employment status. The Worker submitted his Complaint Form to the Workplace Relations Commission on 16 August 2023. The Worker is seeking adjudication under section 13 of the Industrial Relations Act 1969, as amended.

At the outset of the Hearing, the Worker outlined that the Employer is “gone” since July 2023. According to the Companies Online Registration Environment, the Employer continues to exist and so it was appropriate for me to hear this dispute.

The Worker outlined that he was owed two weeks’ pay by the Employer and provided documentary evidence.

The Worker further outlined that he was owed €191.98 in expenses by the Employer. These expenses concerned payments for diesel, lunches etc.. At the Hearing, the Worker provided a copy of the receipts.

In his Complaint Form, the Worker further outlined that “The company is no longer answering calls, emails or texts theres [sic] has been no contact from any office staff or the boss theres [sic] no communications from said company up to this present date 16/08/2023 i have not received any information as to me [sic] employment status if it has ceased or relative paper work to suggest otherwise. I have not been to work in three weeks as a result and will now be four weeks since my last pay.”

At the Hearing, the Worker outlined that he tried to call the Employer but he received no response. The Worker outlined that he also sent an email dated 16 August 2023 to the Employer and received an automated “Out of Office” response. A copy of these emails was provided at the Hearing.

The Employer did not attend the Hearing.

In a letter from the WRC dated 2 November 2023, the Employer was informed of the date, time and place of the Hearing. In the same letter, the Employer was informed of the postponement procedure.

When the Employer did not attend the Hearing on 27 November 2023, unsuccessful attempts were made by the WRC to contact the Employer by way of telephone. A grace period was also allowed to enable the Employer to attend. The Employer did not do so.

In the circumstances, I am satisfied that the Employer was on notice of the Hearing and had sufficient opportunity to attend.

In conducting my investigation, I have taken into account all relevant submissions presented to me by the Parties.

In this dispute, I cannot consider a matter which was before me as an employment rights complaint.

However, I am satisfied that this dispute goes to the Worker’s treatment. On the information before me, I am satisfied that the Worker tried his utmost to contact his Employer. However, he received no response. He received no information concerning the cessation of his employment or his employment status. This is particularly egregious in view of the fact that the Worker had worked for the Employer for almost seven years. In the circumstances, I recommend that the Employer pay the Worker €300 by way of compensation.

Industrial Relations Act, section 13.