ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00046031

Parties:

Complainant

Respondent

Parties

David O'Callaghan

Lawless Aggregate Limited

Leadway Transport

	Complainant	Respondent
Anonymised Parties	{text}	{text}

Representatives

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-00056900-001	29/05/2023

Date of Adjudication Hearing: 06/10/2023

Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll

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.

Background:

The Complainant was employed as a HGV driver with the Respondent from 21st April 2023 until 22nd May 2023.

Summary of Complainant’s Case:

The Complainant worked with the Respondent and there were delays receiving payment. He was due to go on holidays and to be paid two days holidays €335.16 gross and one weeks wages €1,340.50 gross euro on 20th April 2023 but it was never paid.

Summary of Respondent’s Case:

There was no appearance by or on behalf of the Respondent at the hearing.

Findings and Conclusions:

I heard and considered the submissions of the Complainant of a breach of S5 of the Payment of Wages Act 1991. I accept the Complainant’s evidence that he was not paid one weeks wages of €1,340.50 and two days of holidays of €335.16, and find his complaints are well founded.

I direct payment of €1,675.66 due and compensation of net of €950.00 by the Respondent.

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.

The complaints are well founded. I direct payment of €1,675.66 gross wages and holidays and compensation of net €950.00 by the Respondent.

Dated: 13th February 2024

Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll

Key Words: