ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00046136
Parties:
| Complainant | Respondent |
Parties | Paul Cunningham | Layer Digital Solutions Limited |
| Complainant | Respondent |
Anonymised Parties | {text} | {text} |
Representatives | Self-represented | Kieran Kelly, Flynn O'Driscoll Business Lawyers |
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-00056972-001 | 01/06/2023 |
Date of Adjudication Hearing: 28/09/2023
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 undertook to give his evidence under affirmation. |
Summary of Complainant’s Case:
The complainant submitted that he was owed two months salary and one months’ notice together with payment for outstanding holiday entitlements. He submitted that his monthly salary came to €10,416.67 |
Summary of Respondent’s Case:
The respondent conceded that it owed the complainant €31,250.01 in respect of outstanding pay for two months employment and one month notice. It also conceded that it owed him €3,807.50 relating to outstanding holiday pay. |
Findings and Conclusions:
The Payment of Wages Act notes the following definition: "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 respondent conceded the claim. Therefore, I find that the compliant is well founded and I find that the gross amount outstanding is €35,057.51 Under the Payment of Wages Act, the complainant is entitled to receive this amount less any lawful deductions made therefrom. |
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 the written and oral evidence submitted in relation to this complaint, my decision is that the complaint is well founded, and l direct the respondent to pay the complainant compensation of €35,057.51 (less any lawful deductions). |
Dated: Friday 29th September 2023
Workplace Relations Commission Adjudication Officer: Conor Stokes
Key Words:
Payment of Wages Act – conceded – compensation awarded |