ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00052820
Parties:
| Complainant | Respondent |
Parties | Deepak Bala Krishnan | BGS Security Ltd |
| Complainant | Respondent |
Representatives | Self-Represented | Did not attend. |
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-00064704-001 | 11/07/2024 |
Date of Adjudication Hearing: 16/10/2024
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, 1991 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.
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 Oath / Affirmation was administered to all witnesses present. The legal peril of committing Perjury was explained to all parties.
No issue regarding confidentiality arose.
This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and SI 359/20206, which designates the WRC as a body empowered to hold remote hearings.
Background:
The issue in contention concerns the alleged non-payment of Wages for the months of May and June 2024. The employment, as a Security Officer, began on the 1st March 2024 and ended on the 30th June 2024. The rate of pay was stated to have been €1,600 per month for 30-hour week. |
1: Summary of Complainant’s Case:
The Complainant gave an Oral testimony. He was reminded that he was under sworn affirmation. He had secured a position with the Respondent in March 2024. He was not paid for April or June. He produced “My Revenue” Records and Pay Slips to ground his claim. He stated that he was now owed €3,200 in unpaid wages. |
2: Summary of Respondent’s Case:
The Respondent did not attend and submitted no evidence. The Adjudicator was satisfied that proper notice of the date, date and palce of the Hearing had been properly communicated to the Respondent. |
3: Findings and Conclusions:
Section 5 of the Payment of Wages Act ,1991 states Regulation of certain deductions made and payments received by employers. 5.— (1) An employer shall not make a deduction from the wages of an employee (or receive any payment from an employee) unless— (a) the deduction (or payment) is required or authorised to be made by virtue of any statute or any instrument made under statute, (b) the deduction (or payment) is required or authorised to be made by virtue of a term of the employee's contract of employment included in the contract before, and in force at the time of, the deduction or payment, or (c) in the case of a deduction, the employee has given his prior consent in writing to it
In this case the Employee, the Complainant, did not agree to a Deduction i.e., the non-payment of his full wages. The Complainant evidence both written and Oral testimony was very clear cut. Accordingly, the Adjudication finding has to be in his favour. No Respondent evidence was presented at any stage. |
4: Decision:
CA-00064704-001
Section 41 of the Workplace Relations Act 2015 and Section 6 of the Payment of Wages Act, 1991 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions of the cited Acts.
The Complaint is deemed to be legally Well Founded
It is directed that the sum of €3,200 , being the outstanding wages for the months of May and June 2024, be paid without delay to the Complainant.
It is expected that the Payment will be made within six weeks of the date of this Adjudication decision.
Dated: 03/12/24
Workplace Relations Commission Adjudication Officer: Michael McEntee
Key Words:
Payment of Wages, Security Officer, Non-Attendance of Employer. |