ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00047547
Parties:
| Complainant | Respondent |
Parties | Daniel Tilsed | Layer Digital Solutions Limited |
Representatives | In person | Did not attend hearing. |
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-00058163-001 | 08/08/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00058401-001 | 21/08/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00058401-002 | 21/08/2023 |
Date of Adjudication Hearing: 09/01/2024
Workplace Relations Commission Adjudication Officer: Jim Dolan
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaint(s) to me by the Director General, I inquired into the complaint(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s).
Background:
The Complainant was employed by the Respondent from 20th June 2022 until 14th June 2023. The Complainant was employed as a Business Analyst. This complaint was received by the Workplace Relations Commission on 21st August 2023. |
Summary of Complainant’s Case:
The Complainant was due to be paid his salary by the Respondent on or about 26th day of each month. On 28th April 2023 the Complainant contacted the MD and the head of HR to ask why he had not been paid his salary for 203. The Complainant was informed that an update would be issued with an update by the end of that day. Later that day the MD called the Complainant and advised him that the company were seeking investment and that he would have things sorted by the end of next month (May 2023). It was obvious to the Complainant that his employer was in serious financial difficulty so he started looking for another position whilst continuing to work for the Respondent in the hope that the investment was indeed on the way to the company and that he would be paid his wages imminently. The Complainant formally handed in his resignation on 17th May 2023 providing his employer with the required 4 weeks’ notice resulting in a final day in work of 14th June 2023. The period from 1st June to 14th June the Complainant used to take accrued annual leave. Several months on, there is still no word on payment. |
Summary of Respondent’s Case:
There was no attendance by the Respondent nor a person representing the Respondent. I am satisfied that correspondence was sent to the Respondent containing all arrangements for the hearing of the complaint. Such correspondence was sent on 14th November 2023. |
Findings and Conclusions:
CA 00058401 – 001. There can be no doubt whatsoever that the wages being claimed by the Complainant are properly payable to him. The complaint as presented is well-founded. I now order the Respondent to pay the Complainant the gross sum of €16,666.68. This figure represents salary due in April, May and June (up to 14th June 2023). The Complainant’s salary at the time of his resignation was €80,000 per annum. Such payment should be paid to the Complainant within 42 days from the date of this decision. CA 00058401 – 002. This is the same complaint as CA – 00058401 – 001. This complaint as presented is not well-founded as it is a duplicate of CA – 00058401 – 001. CA – 00058163 – 001. This complaint was submitted with incorrect dates shown and must be considered out of time. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
CA 00058401 – 001. The complaint as presented is well-founded. I now order the Respondent to pay the Complainant the gross sum of €16,666.68. This figure represents salary due in April, May and June (up to 14th June 2023). The Complainant’s salary at the time of his resignation was €80,000 per annum. Such payment should be paid to the Complainant within 42 days from the date of this decision. |
Dated: 09/02/2024
Workplace Relations Commission Adjudication Officer: Jim Dolan
Key Words:
Payment of Wages Act, 1991. |