Complainant

Respondent

Parties

Tommy  Lindberg

Layer Digital Solutions Ltd

Complainant

Respondent

Anonymised Parties

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Representatives

  Self-represented

Non attendance

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-00057228-001

13/06/2023

This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act, 2020 and S.I. No. 359/2020 which designates the WRC as a body empowered to hold remote hearings.

The complainant gave his evidence under affirmation. 

The respondent did not attend the hearing of this matter.  I am satisfied that the respondent was on notice of the hearing.  The hearing proceeded after a short pause of 15 minutes to enable the respondent to make contact with the WRC.  They did not do so.

The complainant worked for the respondent as information Security Officer from July 2021.  He stated that he was paid his salary until March 2023 ad provided his contract of employment and payslips in support of this contention. His monthly salary amounted to €8750.  The complainant stated that he was not paid for the months of April or May and did not receive payment in lieu of notice.

The respondent did not attend the hearing of this matter.

Section 1 of the Payment of Wages Act 1991 states that

"wages", in relation to an employee, means any sums payable to the employee by the employer in connection with his employment, including—

(a) any fee, bonus or commission, or any holiday, sick or maternity pay, or any other emolument, referable to his employment, whether payable under his contract of employment or otherwise, and

(b) any sum payable to the employee upon the termination by the employer of his contract of employment without his having given to the employee the appropriate prior notice of the termination, being a sum paid in lieu of the giving of such notice:

The complainant submitted a contract of employment and wage slips to support his contention that he was employed with the respondent.  Although the wage slips refer to a former name of the company, he also provided a statement from his former employer referring to his subsequent redundancy.  I am satisfied as to the veracity of the employment relationship.

The complainant was a credible witness, providing additional detail as required by the Adjudicator and supporting his contentions with documentation where possible.  He submitted that he was left short three months’ salary.  I am satisfied that the complainant has established his claim to three months’ salary under the Payment of Wages Act.  I find that he is entitled to payment of compensation equivalent to three months’ salary, i.e., €26,250, less any lawful deductions.  I consider this to be reasonable in the circumstances.

Having regard to all the written and oral evidence in relation to this complaint, my decision is that the complaint is well founded, and I direct the respondent pay the complainant compensation of €26,250, less any lawful deductions.

Payment of Wages – employment established – compensation award equivalent to the amount outstanding