ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00047889
Parties:
| Complainant | Respondent |
Parties | John Bird | Clarity Engagement Solutions |
| Complainant | Respondent |
Anonymised Parties | {text} | {text} |
Representatives | Self-Represented | Chris Deren |
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-00056005-001 | 11/04/2023 |
Date of Adjudication Hearing: 11/01/2024
Workplace Relations Commission Adjudication Officer: Conor Stokes
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:
This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act, 2020 and S.I. No. 359/2020 which designates the WRC as a body empowered to hold remote hearings. The complainant and a witness for the respondent gave their evidence under affirmation. Although it was asserted that a liquidator was involved with the employer named in the contract of employment, no documentation in support of this contention was submitted and furthermore, the Company Registration Office website indicates that, as of the date of hearing, the company is trading normally. Accordingly, the matter proceeded to hearing. |
Summary of Complainant’s Case:
The complainant submitted that he did not receive his wages of €2685 per month for both February and March 2023. He also submitted that he did not receive holiday pay for three days. |
Summary of Respondent’s Case:
The respondent accepted that the complainant was not paid for February and March 2023 and that there were three days outstanding holiday pay due to him. The respondent submitted that the three days pay amounted to €402.75. |
Findings and Conclusions:
Section 1 of the Payment of Wages Act 1991 states that "wages", in relation to an employee, means any sums payable to the employee by the employer in connection with his employment, including— (a) any fee, bonus or commission, or any holiday, sick or maternity pay, or any other emolument, referable to his employment, whether payable under his contract of employment or otherwise, and (b) any sum payable to the employee upon the termination by the employer of his contract of employment without his having given to the employee the appropriate prior notice of the termination, being a sum paid in lieu of the giving of such notice: The complainant submitted that he did not receive his wages of €2685 (gross) per month for both February and March 2023. This was accepted by the respondent. As regards the holiday pay, the respondent submitted that this amounted to €402.75 (gross). This was accepted by the complainant. Accordingly, I am satisfied that the complainant has established his claim under the Payment of Wages Act. I find that he is entitled to payment of compensation equivalent to two months’ salary and his outstanding holiday pay, i.e. €5,772.75, less any lawful deductions. I consider this to be reasonable in the circumstances. |
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.
Having regard to all of the written and oral evidence presented in relation to this matter, my decision is that the Act has been contravened and I direct the respondent to pay the complainant the sum of €5,772.75 less any lawful deductions. |
Dated: 12th January 2024
Workplace Relations Commission Adjudication Officer: Conor Stokes
Key Words:
Payment of Wages – breach accepted – well founded - compensation |