Complainant

Respondent

Parties

Matthew  Graham

Maynooth Music And Montessori Academies Limited

Representatives

Self-Represented

No Attendance

Act

Complaint Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991

CA-00053210-001

11/10/2022

The Complainant commenced employment with the Respondent on 31st June 2022, with the final date of employment falling on 30th June 2022.

On 11th October 2022, the Complainant referred the present complaint to the Commission. Herein, he alleged that the Respondent made an illegal deduction to his wages to the value of €583.82.

A hearing in relation to this matter was convened for, and finalised on, 11th April 2023. This hearing was conducted by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and SI 359/20206, which designates the WRC as a body empowered to hold remote hearings. No technical issues were experienced by either side during the hearing.

The Complainant issued a comprehensive submission in advance of the hearing and gave sworn evidence in the course of the same. No submission was received from the Respondent, with no appearance by on their behalf at the hearing as scheduled.

The Complainant submitted that he was remunerated at a rate of €20 per hour. The Complainant was engaged on a part-time, ad hoc basis. In May 2022, the Complainant did not receive his wages on the assigned date. On querying the same with the Respondent, the matter was rectified and payment was received in due course. 

Thereafter, the Complainant received his payslip in respect of work completed during the month of June. Whilst the figures displayed on the payslip were correct, the Complainant did not receive payment into his account. The Complainant sought to address the matter locally, by response his employer accepted that the wages were due and owing to him. Notwithstanding the same, the Respondent has failed to pay the outstanding wages, and as a consequence of the same, the Complainant referred the present complaint.

As set out above, there was no attendance by or on behalf of the Respondent. Having reviewed the file, it is apparent that correspondence issued to the Respondent notifying them of the time, venue and date of the hearing. In addition to the foregoing, in preparation for the remote hearing, a representative for the Commission sought to contact the Respondent by email and telephone without success. No application was made to adjourn the hearing nor was any explanation received in respect of the Respondent’s non-attendance. In such circumstances, the matter proceeded in their absence.

Section 1 of the Payment of Wages Act 1991, defines “wages” as “any sums payable to the employee by the employer in connection with his employment, including…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”.

In the matter of Marek Balans v Tesco Ireland Ltd [2019 No. 83 MCA], McGrath J stated that when considering complaints under the present Act,

“Central to the Court’s analysis must be the concepts of wages properly payable and the circumstances in which if there is a deficiency in respect of those such payments”.

In this regard, the nature of the present complaint is unambiguous. The Complainant was due to be paid the sum of €583.82 and did not receive such payment. From the uncontested evidence of the Complainant, it is apparent that the Respondent has accepted that the wages in question are due and owing, it is further apparent that the same have not been discharged.

In such circumstances, I find that the complaint is well-founded.

I find that the complaint is well-founded.

Regarding redress, Section 6(2) of the Act (as amended) empowers me to award such redress as deemed reasonable in the circumstances, so long as the same does not exceed the total amount of wages owed. In this regard, I award the Complainant the sum of €523.82.  This payment should be subject to all normal deductions as income.

Non- payment, deduction