ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00045457
Parties:
| Complainant | Respondent |
Parties | Adam Flynn | Automotive Smart Repairs Ltd Dent Solution |
Representatives | Self-Represented | Dean Somers |
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-00056236-001 | 21/04/2023 |
Date of Adjudication Hearing: 04/10/2023
Workplace Relations Commission Adjudication Officer: Conor Stokes
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:
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 and a witness for the respondent gave their evidence under affirmation. |
Summary of Complainant’s Case:
The complainant stated that he was left short payment for four days wages and three days holidays when his employment with the respondent finished up. His gross pay amounted to €930 weekly of which he received a net wage of €700 per week. |
Summary of Respondent’s Case:
The witness for the respondent (a company director) accepted that the complainant was left short payment for four days wages and three days holidays when his employment with the respondent finished up. |
Findings and Conclusions:
The respondent accepted that the complainant was left short payment for four days wages and three days holidays when his employment with the respondent finished up. Accordingly, I find that the complaint is well founded. The complainant’s daily wages amounted to €186 per day (gross), €140 net. Therefore, I find that he was left short €980 net at the end of his employment. Section 6(1) of the Payment of Wages Act, 1991, as amended, states as follows (1) A decision of an adjudication officer under section 41 of the Workplace Relations Act 2015, in relation to a complaint of a contravention of section 4C or 5 as respects a deduction made by an employer from the wages or tips or gratuities of an employee or the receipt from an employee by an employer of a payment, that the complaint is, in whole or in part, well founded as respects the deduction or payment shall include a direction to the employer to pay to the employee compensation of such amount (if any) as he considers reasonable in the circumstances not exceeding— (a) the net amount of the wages, or tip or gratuity as the case may be (after the making of any lawful deduction that— (i) in case the complaint related to a deduction, would have been paid to the employee in respect of the week immediately preceding the date of the deduction if the deduction had not been made, or (ii) in case the complaint related to a payment, were paid to the employee in respect of the week immediately preceding the date of payment, or (b) if the amount of the deduction or payment is greater than the amount referred to in paragraph (a), twice the former amount. Having regard to the foregoing, I find that the appropriate level of compensation payable to the complainant is €980. |
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.
Having regard to all the written and oral evidence presented in relation to this matter, my decision is that the complaint is well founded, and I direct the respondent to pay the complainant compensation of €980.00 |
Dated: 09/10/2023
Workplace Relations Commission Adjudication Officer: Conor Stokes
Key Words:
Payment of Wages Act – well founded complaint – direction to pay compensation |