ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00048156
Parties:
| Complainant | Respondent |
Parties | Vadim Tudorache | Andrei Moisei |
Complaint:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00059328-001 | 10/10/2023 |
Date of Adjudication Hearing: 10/04/2024
Workplace Relations Commission Adjudication Officer: Pat Brady
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.
Summary of Complainant’s Case:
The complainant submits that from26/06/2023to30/06/2023 worked forAndrei Moisieona site in Dublin8atGrandCanalHarbour as carpenters assembling furniture in apartments.
He has photographic evidence of the fact that he worked there.
There was an oral agreement that he would work for a week as a trial after he would decide whether to continue working or not and was told that he would be paid €20 per hour.
On Friday 30/06/2023 he terminated the employment and was owed €640 plus 20% tax to be transferred to his account. After a week of waiting the money was not transferred. He contacted. Andrei Moisei by phone and in writing and he told us that there was a delay of one week for technical reasons.
But the money had not been transferred even after two weeks of waiting and efforts to contact Mr. Moisie failed and he didnotanswereithercallsormessages.
The complainant gave evidence on the basis of affirmation. He also stated that he worked for Andre Moisie, who he also described as a representative of the main contractor, named as a respondent in a separate complaint. |
Summary of Respondent’s Case:
Andre Moisie gave evidence on affirmation. He confirmed that the complainant had been employed by him and not by the named respondent. He did not dispute that the claim was owed to the complainant. |
Findings and Conclusions:
The respondent acknowledged that the complainant worked for him and did not dispute the payment due.
While he undertook to contact the complainant in relation to resolving the matter, I am required to make a finding and I find that the complaint against the respondent is well founded, and I award the complainant wages in the amount of €800 gross, subject to statutory deductions. |
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.
Complaint CA-00059328-001 is well founded and I order the respondent to pay the complainant €800.00 in wages due, net of the usual statutory deductions. |
Dated: 22-04-2024
Workplace Relations Commission Adjudication Officer: Pat Brady
Key Words:
Payment of Wages |