ADJUDICATION OFFICER DECISION

Adjudication Reference:  ADJ-00046365

Parties:

Complaints:

Date of Adjudication Hearing:  18/10/2023

Workplace Relations Commission Adjudication Officer:  Michael McEntee

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 6 of the Payment of Wages Act, 199Sfollowing the referral of the complaints 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 complaints.

In deference to the Supreme Court ruling, Zalewski v Ireland and the WRC [2021] IESC 24 on the 6th of April 2021 the Parties were informed in advance that the Hearing would normally be in Public, Testimony under Oath or Affirmation would be required and full cross examination of all witnesses would be provided for.

The required Affirmation / Oath was administered to all witnesses present. The legal perils of committing Perjury was explained to all parties.

No issue regarding confidentiality arose.

Background

The issues in contention were the alleged nonpayment of wages and the alleged withholding from the Complainant of tips and gratuities.

The Complainant was a Bar Worker in a Restaurant.

 The rate of pay was €320 for a 13-hour week.

The employment began on the 29th May 2023 and ended on the 17th June 2023.

Opening Comments

At the commencement of the Hearing, it was clarified that all monies due had been paid to the Complainant.

Complainant Summary

A pro forma formal Adjudication Decision was requested to set a headline for “On behalf of other workers who have no or less English.”

Respondent Employer Summary

All monies due had been paid and there was accordingly no case to answer.

Decision:

CA: 00057180-001 and CA: 00057180-002

Section 41 of the Workplace Relations Act 2015 and Section 6 of the Payment of Wages Act, 199S requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions of the cited Acts.

The complaints are deemed, in theory, properly founded. Monies properly due must be paid to the Complainant.

However, as at the date of the Hearing, all Employer Respondent liabilities had been discharged the case cannot logically proceed any further.

This is a Pro Forma decision for the Record only.

The case is now deemed closed by the WRC.

Dated:   08th April 2024

Workplace Relations Commission Adjudication Officer:  Michael McEntee

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