Complainant

Respondent

Parties

Hannah  Quinn

Andy Hirst trading as Bua Sportswear

Representatives

  In person

 Did not attend

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-00052856-001

16/09/2022

The complainant was employed by the respondent as a Sales/Marketing Executive from 15th March 2021 until 16th Jue 2022. The complaints were lodged with the Workplace Relations Commission (WRC) on 16th September 2022 and relate to the non-payment of wages, annual leave entitlements and expenses incurred in the course of the complainant’s employment.

The matter first came on for hearing on 30th March 2023 and the respondent did not attend. It transpired that the respondent was not on notice of the first hearing as correspondence from the WRC was issued to the respondent address on file which was incorrect. An officer of the WRC established the correct address and all correspondence issued to that address in respect of the reconvened hearing which was scheduled to take place on 23rd May 2023. The respondent did not attend the rescheduled hearing.

The complainant provided a written submission at the adjudication hearings on 30th March and 23rd May 2023. The complainant stated that she was left short approximately €359 in wages in respect of April 2022 and did not receive any of her monthly net salary of €1859.95 in May 2022. The complainant stated that she did not receive any salary payment in respect of June 2022 and terminated her employment with effect from 16th June 2022. From 1st June 2022 to 16th June 2022, the complainant calculates outstanding wages and a week of annual leave at approximately €929.96 – comprising of one week’s pay and one week’s unpaid annual leave entitlements.

The respondent did not attend the adjudication hearing and was not represented.

Non-payment of expenses

An element of the complaint relates to unpaid expenses which the complainant states was agreed verbally with the respondent. As the payment of expenses is excluded from the Payment of Wages, Act, 1991, this element of the complaint cannot succeed.

Non-payment of wages

Having considered the written and verbal submissions in relation to the complaint, I find that the complainant was not paid the appropriate salary between April 2022 and when she terminated her employment as a result in June 2022. I note the multiple what’s app messages that the complainant sent to her employer between June 2022 and August 20222 in respect of her unpaid wages and seeking clarity in relation to when she would receive payment. These messages, for the most part were not respondent to by the employer and it remains the case that the complainant did not receive any of the payments to which she was entitled.

Annual Leave entitlements

The complaints were lodged to the WRC on 16th September 2022. The cognisable period of the complaint is the six months immediately prior to the referral of the complaint. (17th March 2022 – 16th September 2022). In respect of annual leave entitlement, this allows the entire leave year from 1st April 2021 – 31st March 2022 and from 1st April 2022 until 16th June 2022 to be considered. In that entire period, based on a statutory leave entitlement of 20 days per annum, the complainant would have accrued 24 days of annual leave.

The complainant stated that she took 10 days of annual leave in that entire period which left an outstanding entitlement to annual leave of 14 days at the time her employment ended.

I have reviewed the documentation submitted by the complainant in relation to the within complaints.

Regarding the complaints that are well founded, the respondent is directed to pay the complainant the following amounts.

In respect of unpaid wages for April 2022 - €359.00

In respect of unpaid wages for May 2022 - €1859.95

In respect of unpaid wages for 1st week in June 2022- €464.68

In respect of unpaid annual leave entitlements for 1 week in June 2022 €464.98

In respect of outstanding annual leave entitlements from March 2021 – June 2022 (14 days) €1,301.94.

The respondent is directed to pay the complainant a total payment of €4,450.25

Non-payment of wages, outstanding annual leave entitlements,