ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00045902

Parties:

	Complainant	Respondent
Parties	Mohammed Abdelaali Bloud	Coyne Tyres Ballina Ltd

	Complainant	Respondent
Anonymised Parties	{text}	{text}

Representatives

Complainant

Not represented

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-00056641-001	15/05/2023
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00056641-003	15/05/2023

Date of Adjudication Hearing: 03/10/2023

Workplace Relations Commission Adjudication Officer: Shay Henry

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.

Background:

The complainant alleges that he is owed payment in respect of wages and holiday pay due on terminating his employment with the respondent. The complainant attended the hearing and gave evidence under affirmation. The respondent did not attend the hearing.

Summary of Complainant’s Case:

The complainant worked for the respondent from 11th March 2023 (initially part time until 20th March when he became full-time) until 20th April 2023. After he had worked 9 days he was paid for 2 days and was told payment for the remainder would be withheld until he left employment. Shortly after the complainant received an alternative position and informed the respondent on 20th April. The respondent asked him when he would like to leave and the complainant said on the same day if possible to which the respondent agreed. The complainant asked about the wages which had been withheld and he was told these would be sent to his account. The complainant did not receive the pay due and queried the respondent. In reply the respondent sent him a copy of a contract which contained a clause stating that if the employee did not give adequate notice the withheld week would not be paid. This was the first time the complainant had seen this contract and clause and had not been informed of this previously.

The complainant had worked 198 hours and did not receive any holiday pay. Neither did he receive payment for the Easter Monday Public Holiday – 10th April 2023.

Summary of Respondent’s Case:

The respondent did not attend the hearing. I am satisfied that the respondent was on notice of the hearing, and the non-attendance has not been explained to my satisfaction.

Findings and Conclusions:

CA-00056641-001

The respondent did not attend the hearing. I am satisfied that the respondent was on notice of the hearing, and the non-attendance has not been explained to my satisfaction. I find the complaint is well founded and the complainant is entitled to the 7 days pay withheld from him which I calculate to be €632.

CA-00056641- 003

Decision:

Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act

CA-00056641-001 I order the respondent to pay the complainant €632 in respect of unpaid wages

CA-00056641-003 I order the respondent to pay the complainant €270 in respect of holiday entitlements.

Dated: 11/04/2024

Workplace Relations Commission Adjudication Officer: Shay Henry

Key Words:

Unpaid wages and holidays