ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00048153
Parties:
| Complainant | Respondent |
Parties | Ion Cusnir | Andrei Moisei |
Representatives | In person | Did not attend |
Complaint:
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-00059327-001 | 10/10/2023 |
Date of Adjudication Hearing: 02/04/2024
Workplace Relations Commission Adjudication Officer: Andrew Heavey
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:
The complaint was submitted to the Workplace Relations Commission on 10th October 2023 and relates to unpaid wages in respect of the week 26th June 2023 – 30th June 2023. |
Summary of Complainant’s Case:
The complainant represented himself at the adjudication with the help of an Interpreter. The complainant stated that he had commenced work for the respondent as a carpenter on 26th June 2023 and was to work for 40 hours that week as a trial with a view to continued employment thereafter. The complainant stated that he had agreed a rate of €20 per hour with the respondent and would be paid at the end of the week. His continued employment was also to be confirmed to him by the respondent at that time. The complainant stated that he contacted the respondent in relation to payment for his weeks work and the respondent asked if a delay of one week to receive payment would be acceptable to the complainant. The complainant stated that he was unable to contact the respondent thereafter and he never received payment. The complainant stated that he did not work for the respondent again. |
Summary of Respondent’s Case:
The respondent did not attend the adjudication hearing and was not represented. |
Findings and Conclusions:
The complainant addressed his complaint by way of verbal submission. In the absence of the respondent attending the adjudication hearing, I accept the complainant’s position that he had commenced working for the respondent on 26th June 2023 and that he did not receive payment for the week in question. Having considered the matter, I am satisfied that the complainant was unpaid in respect of the week 26th June 2023 - 30th June 2023 and is owed a gross payment of €800.00 in respect of that week. |
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.
The complaint is well founded. The respondent is directed to pay the complainant €800.00 in respect of unpaid wages. |
Dated: 14th June 2024
Workplace Relations Commission Adjudication Officer: Andrew Heavey
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