ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00046354
Parties:
| Complainant | Respondent |
Parties | Denisa Kaciakova | Meltron Stores Ltd trading as Iceland Stores Ireland Ltd |
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-00057190-001 | 15/06/2023 |
Date of Adjudication Hearing: 03/10/2023
Workplace Relations Commission Adjudication Officer: David James Murphy
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
Background:
The Complainant worked for the Respondent from the 12th of April 2019 until the 14th of May 2023. She submitted a complaint under the payment of wages act outlining that an underpayment of wages from February 2023 was still outstanding to her as well as her accrued annual leave. |
Summary of Complainant’s Case:
The Complainant attended the hearing and gave evidence. She also submitted detailed written submissions. The Respondent had brought in a clocking in and out system which was dependent on their internet which failed on a number of occasions. The Complainant raised a grievance due to her being under paid and this was rectified except for €8.06 which remained outstanding. At the time the Complainant was let go she had accrued 19.4 days annual leave but was only paid for 2 days. She was not paid for the other 17.4 days. She is owed €2479.74 for her leave or €2486.86 in total. |
Summary of Respondent’s Case:
The Respondent did not attend the hearing. I am satisfied they were on notice. |
Findings and Conclusions:
I am satisfied that the sums outlined by the Complainant were properly payable to her. And as such their non-payment constituted a deduction as prohibited by Section 5 of the Payment of Wages Act. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
I find that the complaint is well founded and direct the Respondent to pay the Complainant €2486.86. |
Dated: 04/01/2024
Workplace Relations Commission Adjudication Officer: David James Murphy
Key Words:
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