ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00045176
Parties:
| Complainant | Respondent |
Parties | Dorinela Lipovanu | Chapter 8 Traffic Management Limited Road Construction Company |
Representatives | In person | Did not attend |
Complaint:
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-00055873-001 | 03/04/2023 |
Date of Adjudication Hearing: 01/08/2023
Workplace Relations Commission Adjudication Officer: Andrew Heavey
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
Background:
The complainant was employed by the respondent as a General Operative from 12th July 2022 until 11th November 2022. The complaint relates to unpaid wages that were owed to the complainant at the time her employment ended. The respondent was notified of the date, time and venue of the adjudication hearing but did not attend and was not represented. |
Summary of Complainant’s Case:
The complainant outlined that when her employment ended with effect from 11th November 2022, she was owed a total of €4,393.17. The complainant stated that she received a number of part payments from the respondent who was communicating with her in the months prior to her employment ending and was paying all of its staff in instalments. The complainant stated that she was paid instalments as follows: 11/11/2022 - €198.98 22/11/2022 - €300.00 02/12/2022 - €400.00 23/12/2022 - €500.00 16/01/2023 - €300.00
The total received by the complainant was €1,698.98. The complainant did not receive any further payments from her employer and submitted a complaint to the Workplace Relations Commission (WRC) on 3rd April 2023. The complainant is seeking the outstanding payments due to her of €2,694.19. |
Summary of Respondent’s Case:
The respondent did not attend the adjudication hearing. |
Findings and Conclusions:
From my review of the documentation relating to the complaint, it was accepted by the respondent that the complainant was due outstanding payments, and that the respondent was attempting to discharge payments to the complainant as and when it could. I note that the payments stopped in January 2023 and after multiple communications with the respondent the matter was referred to the WRC. Having also considered the verbal submissions of the complainant, I find that she gave an honest account of the payments she received and the outstanding amount that was due to her. I am satisfied that the complainant is due €2,694.19 in outstanding payments. Accordingly, the complaint succeeds. |
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 Schedule 6 of that Act
The complaint is well founded. The respondent is directed to pay the complainant €2,694.19 in respect of outstanding payments due to her. |
Dated: 8th November 2023
Workplace Relations Commission Adjudication Officer: Andrew Heavey
Key Words:
Unpaid wages |