ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00047158
Parties:
| Complainant | Respondent |
Parties | Felicia Kiruba Rajasingh | Layer Digital Solutions |
Representatives | Self-represented | No appearance |
Complaint:
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-00058162-001 | 08/08/2023 |
Date of Adjudication Hearing: 21/03/2024
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 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:
The complaint is that the Respondent failed to pay wages, minimum notice and holiday pay to the Complainant.
Summary of Complainant’s Case:
The Complainant stated that she was employed by the Respondent from 13th October 2022 to 29th May 2023. She was made redundant from her position without notice on 29th May 2023. She was not paid her salary for April and May 2023. She submitted a document/email she received from the Respondent assuring her that her salary and entitlements would be paid to her. Her contract provided for one month’s notice and she was assured that would be paid in lieu. She also had accrued 12 days annual leave. Her claim amounts to:
April 2023 salary €4583.33
May 2023 salary €4583.33
Month notice €4583.33
12 days unused holiday €1833.33
Total €15,583.32
Summary of Respondent’s Case:
The Respondent was notified of the hearing but did not attend.
Findings and Conclusions:
Based on the uncontested information provided by the Complainant I find that on cessation of her employment the following wages properly payable were withheld from her:
April 2023 salary €4583.33
May 2023 salary €4583.33
Month notice €4583.33
Annual leave payment €1833.33
Total €15,583.32
I find the complaint to be well founded.
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.
I have decided that the complaint is well founded, and I require the Respondent to pay to the Complainant the sum of €15,583.32 less all lawful deductions.
Dated: 18-04-2024
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Key Words:
Payment of wages, well founded. |