PWD2313

1.Appeal Of Adjudication Officer Decision No ADJ-00038064, CA-00049474-001

BACKGROUND:

2.This is an appeal of an Adjudication Officer’s Decision made pursuant to Section 7(1) of the Payment of Wages Act, 1991. The appeal was heard by the Labour Court on July 20^th, 2023 in accordance with Section 44 of the Workplace Relations Act, 2015. The following is the Court's Determination

DETERMINATION:

Background to the Appeal

This is an appeal by Mr Séamus Ó Cianáin (‘the Complainant’) from a decision of an Adjudication Officer (ADJ-00038064, dated 6 March 2023) under the Payment of Wages Act 1991 (‘the Act’). The Notice of Appeal was received in the Court on 17 April 2023. The Court heard the appeal in Cork on 13 July 2023. The Complainant attended in person and unrepresented. There was no appearance by or on behalf of Alan Wyse & Sons (‘the Respondent’).

The Complainant’s Case

The Complainant’s complaint under the Act relates to the Respondent’s failure to make payment to him in lieu of his accrued annual leave on the cessation of the Complainant’s employment on 23 December 2021.

The Adjudication Officer upheld the complaint at first instance and awarded the complainant compensation of €600.00 less statutory deductions. The Complainant has appealed the quantum of that award to the Court as his verbal agreement with the Respondent was for payment of €100 net per day, after all deductions.

Correspondence from the Respondent

Prior to the within hearing, the Respondent forwarded as attachments to an email, dated 2 July 2023, a copy letter dated 9 March 2023 addressed to the Complainant along with a copy of a bank draft in the sum of €573.00 made out to a James Keenan. It is evident that the Respondent was purporting to represent to the Court that it had complied with the Adjudication Officer’s direction to pay the Complainant €600.00 less statutory deductions. The Complainant told the Court that he received neither the letter nor the bank draft.

Discussion and Decision

On the basis of the Complainant’s uncontradicted evidence, the Court finds that he is entitled to a net payment of €600.00, after all statutory deductions, in respect of his accrued annual leave on cessation of employment.

The decision of the Adjudication Officer is varied accordingly.

The Court so determines.

	Signed on behalf of the Labour Court
	Alan Haugh
AR	______________________
17 July 2023	Deputy Chairman