ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00041360
Parties:
| Complainant | Respondent |
Parties | Graham Baitson | Altada Technology Solutions Limited Altada in Liquidation |
Representatives |
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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-00053065-001 | 30/09/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00053065-002 | 30/09/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00053065-003 | 30/09/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00053065-004 | 30/09/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00053065-005 | 30/09/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00053065-006 | 30/09/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998 | CA-00053065-007 | 30/09/2022 |
Date of Adjudication Hearing: 29/06/2023
Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 andSection 79 of the Employment Equality Acts, 1998 – 2015following the referral of the complaints 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 complaints.
Background:
The Complainant was employed from 15th November 2021 until 13th September 2022 with the Respondent. |
Summary of Complainant’s Case:
The Complainant was not paid wages and pension due by the Respondent. In July 2022 some staff were being laid off by the Respondent. There was a delay in receiving payment. CA-00053065-001 In July and August 2022 there was a deduction from the Complainants wages of €4,687.50 gross which was not agreed. CA-00053065-002 €1,875 was deducted from the Complainant’s wages and not received in his bank account The payslips received were incorrect. Employer and employee pension was deducted but payments were not made from May to September. Employee pension of €1,562.49 is owed and Employer pension of €2,499.99 is owed. VHI payments of €700 were not paid from May to September 2022. The Complainant estimates the figure at €4,317.16. CA-00053065-003 The Complainant is also owed unpaid expenses of €9504.73. CA-00053065-004 The Complainant is owed a referral bonus of €4,000 for bringing staff to the business. CA-00053065-005 The Complainant is entitled to 22 days holidays. He took 2.5 days holidays and is owed holidays of 17.53 days of €7,260.00. (15 days) CA-00053065-006 The Complainant is owed wages up to 14th September 2022 when furlough begins. CA-00053065-007 The Complainant has been discriminated against as he does not have his own children to bring to a Disney event arranged by the company on 8th February 2022. |
Summary of Respondent’s Case:
There was no appearance by or on behalf of the company or liquidator. |
Findings and Conclusions:
I have considered the submissions of the Complainant regarding his complaints. CA-00053065-001 The Complainant was on a monthly salary of €10,416.67. Evidence has been provided of an unauthorised deduction from the Complainants wages of €4,687.50 gross which was not agreed. This complaint is well founded and I direct payment of €4,687.50 gross to the Complainant by the Respondent. CA-00053065-002 Evidence has been provided of €1,875 was deducted from the Complainant’s wages and not received in his bank account and employer and employee pension was deducted on payslips but payments were not made to the pension provider from May to September. Employee pension of €1,562.49 is owed and Employer pension of €2,499.99 is owed. VHI payments were not paid from May to mid-September 2022. The Complainant estimates the figure at €4,317.16 and for 4.5 months the monies unpaid are €1,618.93. The complaint is well founded and I direct payment of €7556.41 by the Respondent to the Complainant. CA-00053065-003 The Complainant seeks payment of unpaid expenses of €9504.73 which do not fall within my jurisdiction. This complaint is not well founded. CA-00053065-004 The Complainant is owed a referral bonus of €4,000 for bringing staff to the business. This complaint is excluded under the Payment of Wages Act 1991 as it is a payment to an employee otherwise than in his capacity as employee. The complaint is not well founded. CA-00053065-005 The Complainant claims holidays of 17.53 days. The jurisdiction under the Acts relates to 20 days statutory annual leave. The Complainant has received 2.5 days and is owed 15 days holidays of €7,211.54. The complaint is well founded and I direct payment of €7,211.54 by the Respondent. CA-00053065-006 The Complainant claims wages up to 14th September 2022 when furlough begins. This complaint is well founded and I direct payment of €4,807.69 by the Respondent to the Complainant. CA-00053065-007 The Complainant alleges discrimination as he did not have his own children to bring to a Disney event arranged by the company on 8th February 2022 for children of staff. No application to extend time to allow the case to proceed was made and the complaint is out of time. The complaint fails. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.
Section 79 of the Employment Equality Acts, 1998 – 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 82 of the Act.
CA-00053065-001 This complaint is well founded and I direct payment of €4,687.50 gross to the Complainant by the Respondent. CA-00053065-002 The complaint is well founded and I direct payment of €7556.41 by the Respondent to the Complainant. CA-00053065-003 This complaint is not well founded. CA-00053065-004 The complaint is not well founded. CA-00053065-005 The complaint is well founded and I direct payment of €7,211.54 by the Respondent. CA-00053065-006 This complaint is well founded and I direct payment of €4,807.69 by the Respondent to the Complainant. CA-00053065-007 The complaint fails. |
Dated: 4th January 2024
Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll
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