Adjudication Reference: ADJ-00042922
Parties:
| Complainant | Respondent |
Parties | Sergiu Neaga | Keegan Quarries Ltd |
| Complainant | Respondent |
Anonymised Parties |
|
|
Representatives | n/a | n/a |
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-00053431-001 | 25/10/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00053435-001 | 26/10/2022 |
Date of Adjudication Hearing: 19/05/2023
Workplace Relations Commission Adjudication Officer: Michael Ramsey
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
Background:
The Complainant is seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 and has submitted that he did not receive the appropriate payments when his employment was terminated. (CA-00053435-001). Complaint CA-00053431-001 is a duplication and was withdrawn. |
Summary of Complainant’s Case:
The Complainant commenced employment with the Respondent Company on the 16th July 2023. The Complainant was employed as a driver and his gross pay was €714.42 per week for 60 hours worked. The Complainant was dismissed by the Respondent for what he described as a minor car accident on the 14th October 2022. The Complainant sent an email to the Respondent on the 15th October 2022 stating he was owed pay for 81 hours which included a back week (50 hours) and for the 10th, 11th, 12th and 13th October. The Respondent denied any accusations made by the Complainant in relation to the Managing Director but did not make any comment in relation to any outstanding payments. This Complaint was received by the Workplace Relations Commission on the 26th October 2022 and updated on the 12th December 2022. |
Summary of Respondent’s Case:
The Respondent did not attend and was informed of the hearing of this matter on the 4th April 2023. |
Findings and Conclusions:
In the particular circumstances of this case, I accept the uncontroverted evidence of the Complainant due to the non attendance of the Respondent. In that regard, the Complainant outlined in the course of an email to the Respondent on the 15th October 2020 he was owed for 81 hours. Further, in the updated Complaint of the 12th December 2022, the Complainant calculated he was owed for six days of holiday pay. The Complainant submitted he is owed €1,600.00 Accordingly, these complainants are well founded and in all of the circumstances I find that the Respondent should pay the Complainant the total amount of €1,600.00 |
Decision:
Section 41 of the Workplace Relations Act, 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.
I find the Complaint (CA- 00053435-001) made pursuant to section 6 of the Payment of Wages Act, 1991 is well founded and the Respondent should pay the Complainant the total amount of €1,600.00. |
Dated: 29/11/2023
Workplace Relations Commission Adjudication Officer: Michael Ramsey