Complainant

Respondent

Parties

Polina  Andreeva

Layer Digital Solutions Limited Layer

Representatives

  Self

 No appearance

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-00057002-001

06/06/2023

The Complainant made the following claim:

1. CA-00057002-001 - A claim pursuant to section 6 of the Payment of Wages Act, 1991.

The Complainant contended that she had not been paid her contractual salary for the months of April and May 2023. She was not paid for and did not take her holidays in 2023 and she was not paid in lieu of notice even though she was available for work during the four-week notice period. 

The Complainant represented himself at the Adjudication Hearing. The Complainant gave evidence under Affirmation.

The Complainant said that she was employed by the Respondent as a Quality Assurance Manager from the 11th of July 2022 to the 29th of May 2023 on which date she resigned her employment. The reason for her resignation was the unexplained failure to pay her salary for the months of April and May 2023. She was not paid nor did she take any holidays during 2023. She gave four weeks’ notice when she resigned and remained available for work during this notice period but was unpaid.

There was no appearance by or on behalf of the Respondent

On the uncontroverted evidence of the Complainant I am satisfied as follows: 

The Complainant’s contractual salary was €1,596.15per week or €6,916.66 per month.

1. The Complainant was not paid her monthly salary for the months of April 2023 and up to the 29th May 2023 and such a failure to pay is an unlawful deduction within the meaning of that term in Section 5 of the Payment of Wages Act 1991 as amended. Under this heading the Complainant is awarded the sum of €13,194.84 (1 full month at €6,916.66 plus €6,278.18 in respect of salary 1st to the 29th of May 2023) being compensation by way of remuneration for breach of the act arising from this unlawful deduction.

2. By the time her employment ended she had taken no holidays nor was she paid in I lieu of holidays not taken. The Complainant calculated her holiday entitlement in the sum of €1,730.23. I am satisfied that the said sum was not paid to the Complainant which is an unlawful deduction within the meaning of that term in Section 5 of the Payment of Wages Act 1991 as amended. Accordingly I award the Complainant the sum of €1,730.22 being compensation by way of remuneration for breach of the act arising from this unlawful deduction.

3. The Complainant tendered four week’s notice on the 29th of May 2023. She was available and ready for work during that period but no work was offered to her nor was she paid her agreed salary during this time. In such circumstances the Complainant was entitled to be paid her salary in lieu of notice. No such payment or any payment was made to the Complainant which is an unlawful deduction within the meaning of that term in Section 5 of the Payment of Wages Act 1991 as amended. I award the Complainant four weeks’ pay in the sum of €6,384.60 (four weeks at €1,596.15 per week) by way of remuneration for breach of the act arising from this unlawful deduction.

The Respondent is therefore directed to pay to the Complainant the total sum of €21,307.67.

CA-00057002-001 The Complaint pursuant to Section 6 of the Payment of Wages Act 1991 is well-founded and the Respondent is directed to pay the sum of €21,307.67 to the Complainant subject to taxation and the normal statutory deductions. 

Payment of Wages