ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00035709
Parties:
| Complainant | Respondent |
Parties | Vladimir Ivanovs | Dream Fitout Solutions Limited |
Representatives | Irina Skirmante |
|
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-00046708-001 | 15/10/2021 |
Date of Adjudication Hearing: 25/07/2022
Workplace Relations Commission Adjudication Officer: Marguerite Buckley
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaint(s) to me by the Director General, I inquired into the complaint(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
The Complainant attended in person. The translator also attended. Both took an oath prior to giving evidence to me.
There was no attendance from the Respondent. The correspondence to which the hearing notice was sent was the correspondence address noted in the letter from the Respondent below. The Complainant confirmed that this was the address of the Respondent.
Background:
The Complainant commenced working for the Respondent on 23 June 2021. His employment ended on 13 August 2021.
I was provided with the contract of employment/statement of terms and conditions dated the 9 July 2021. |
Summary of Complainant’s Case:
The Complainant gave evidence that he was an employee of the Respondent. He was working in building a factory. He worked for a related company that closed down and he was transferred to the Respondent. The Respondent was to provide him with tools so he could carry out his work. The Complainant did not have money to purchase these to lose himself. There were errors in the payslip received from the Respondent and records filed with Revenue. The Complainant provided me with a payroll submission that had been made to Revenue. It set out that the Complainant was paid fortnightly. It stated that the Complainant was paid €1346.18 on the 8 July 2021 and 22 July 2021. The Complainant gave evidence that he did not receive the payment for these wages. He confirmed that he did not receive a payment for the work carried out the week of 28 June 2021, 5 July 2021, 12 July 2021, 19 July 2021, 26 July 2021, 2 August 2021 and the notice payment. The Complainant worked on 6 August 2021 and was told not to return to the workplace. I was provided with a letter dated 6 August 2021 from the Respondent to the Complainant. The letter stated that he had not been successful in passing his probationary period and it was the decision of the Respondent company to terminate his employment with one week's notice effective from 6 August 2021. In total his claim was for seven weeks of wages which had not been paid to him. |
Summary of Respondent’s Case:
There was no attendance for the Respondent. |
Findings and Conclusions:
I am satisfied based on the evidence presented to me that there has been an unlawful deduction of wages properly payable to the Complainant. |
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.
This complaint is well founded. I award the Complainant €4,711.63 being seven weeks gross wages. |
Dated: 3rd January 2023
Workplace Relations Commission Adjudication Officer: Marguerite Buckley
Key Words:
Outstanding wages. |