Complainant

Respondent

Parties

Melissa  Balocchi

Fahd Souhab t/a Kitty's Kitchen

Complainant

Respondent

Anonymised Parties

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Representatives

  Self-Represented

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-00059030-001

26/09/2023

The Complaint Form was received by the Workplace Relations Commission on 26 September 2023.

The Complainant supplied documentary evidence in advance of the hearing.

The Complainant worked as a barista and waitress from 20 April 2023 until 16 September 2023. She was paid €12.50 per hour but was not given a contract of employment.

The Complainant explained that she handed in here notice to resign from her employment via text message on 16 September 2023 but was not contacted thereafter. She was not paid for the week in hand she worked or her holiday pay upon termination of her employment, a total sum of €737.

It was also the Complainant’s case that she would attend for work, but the restaurant would be closed without notice. She presented text messages from 31 July 2023 where she was scheduled from 9am – 3pm but the Respondent advised her he was not opening that day after her start time. The Complainant was not paid for 31 July 2023, a total of €75.

There was no appearance or communication of the Respondent.

In the absence of any defence put forward by the Respondent, I accept the Complainant’s evidence.

Section 6 of the Payment of Wages Act 1991 provides:

“6. (1) A decision of an adjudication officer under section 41 of the Workplace Relations Act 2015, in relation to a complaint of a contravention of section 4C or 5 as respects a deduction made by an employer from the wages or tips or gratuities of an employee or the receipt from an employee by an employer of a payment, that the complaint is, in whole or in part, well founded as respects the deduction or payment shall include a direction to the employer to pay to the employee compensation of such amount (if any) as he considers reasonable in the circumstances not exceeding—

(a) the net amount of the wages, or tip or gratuity as the case may be (after the making of any lawful deduction therefrom) that—

(i) in case the complaint related to a deduction, would have been paid to the employee in respect of the week immediately preceding the date of the deduction if the deduction had not been made, or

(ii) in case the complaint related to a payment, were paid to the employee in respect of the week immediately preceding the date of payment,

or

(b) if the amount of the deduction or payment is greater than the amount referred to in paragraph

 (a), twice the former amount”

I find the complaint is well founded.

I find the complaint is well founded.

I award compensation of the net amount of €812.

Payment of Wages