ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00050108
Parties:
| Complainant | Respondent |
Parties | Thairine Farias Cruz | Veracity Maintaining Partnerships Limited |
| Complainant | Respondent |
Parties | Thairine Fairas Cruz | Veracity Maintaining Partnerships Limited |
Representatives | self | No show |
Complaint(s):
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00061114-001 | 21/01/2024 |
Date of Adjudication Hearing: 01/07/2024
Workplace Relations Commission Adjudication Officer: Brian Dalton
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaint(s) to me by the Director General, I inquired into the complaint(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s).
Background:
The Complainant commenced employment with the Company on the 15th of March 2023. The complaint was lodged with the Commission on the 21st of January 2024.
On or about the July 14th, 2024, the Complainant received her last weekly wages.
Her gross weekly wage is €480.77
|
Summary of Complainant’s Case:
The following payments fell due within the cognisable period: · 28th of July 2023 €480.77 · 4th of August 2023 €480.77 · 11th of August 2023 €480.77 The Complainant also states that she worked from the 15th of May 2023 to the 11th of August 2023 and based on a statutory entitlement of 20 days claims 5 days holidays that have been unpaid. The Payment of Wages Act 1991 provides for the following: 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 The 5 days holiday pay equals €480.77 gross. In total the claim is for 4 weeks x €480.77 gross less any statutory deductions= €1923.08 less any statutory deductions. |
Summary of Respondent’s Case:
The Respondent failed to attend. The following details are on the Company Registration Office: VERACITY MAINTAINING PARTNERSHIPS LIMITED Type LTD - Private Company Limited by Shares Status Strike Off Listed Effective Date 05/02/2024 |
Findings and Conclusions:
The Complainant is due 4 weeks’ pay amounting to €1923.08 less any statutory deductions. I determine that €1923.08 was unlawfully withheld pursuant to section 5 of the Act: 5.—(1) An employer shall not make a deduction from the wages of an employee (or receive any payment from an employee) unless— (a) the deduction (or payment) is required or authorised to be made by virtue of any statute or any instrument made under statute, (b) the deduction (or payment) is required or authorised to be made by virtue of a term of the employee's contract of employment included in the contract before, and in force at the time of, the deduction or payment, or (c) in the case of a deduction, the employee has given his prior consent in writing to it. And pursuant to section 5(6): 6) Where— (a) the total amount of any wages that are paid on any occasion by an employer to an employee is less than the total amount of wages that is properly payable by him to the employee on that occasion (after making any deductions therefrom that fall to be made and are in accordance with this Act), or (b) none of the wages that are properly payable to an employee by an employer on any occasion (after making any such deductions as aforesaid) are paid to the employee, then, except in so far as the deficiency or non-payment is attributable to an error of computation, the amount of the deficiency or non-payment shall be treated as a deduction made by the employer from the wages of the employee on the occasion. I determine that 4 weeks’ pay amounting to €1923.08 was properly payable to the Complainant |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
The complaint is well founded, and I direct the employer to pay the Complainant €1923.08 in compensation less any statutory deductions an amount that fell due before the Company was struck off. |
Dated: 12th July 2024
Workplace Relations Commission Adjudication Officer: Brian Dalton
Key Words:
Non-Payment |