ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00048677

Parties:

	Complainant	Respondent
Parties	Gustavo Cavalcanti	Truly Dental

	Complainant	Respondent
Anonymised Parties

Representatives

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-00058970-001	21/09/2023
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00058970-002	21/09/2023

Date of Adjudication Hearing: 11/04/2024

Workplace Relations Commission Adjudication Officer: Hugh Lonsdale

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints. The parties were afforded an opportunity to examine and cross-examine each other’s evidence. All evidence was given under oath or by affirmation.

Background:

Following his dismissal by the respondent the complainant made two complaints under the Payment of Wages Act. The respondent did not attend the hearing.

Summary of Complainant’s Case:

The complainant submits that his payments for annual leave and bank holidays were calculated on the basis of a seven hour day but his contract stated he was employed to work an eight hour day. He says this has resulted in an underpayment of €894.83.

The complainant also submits that he was not paid for four weeks’ notice when his employment finished. This amounts to €3,869.92.

Summary of Respondent’s Case:

The respondent made no written submission and did not attend the hearing.

Findings and Conclusions:

In the absence of any contrary evidence from the respondent I accept the evidence of the complainant which was given by affirmation.

I conclude the complainant was underpaid for Bank Holidays and Annual Leave. I also conclude the complainant did not receive payment for four weeks’ notice to which he was entitled.

Decision:

Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.

CA-00058790-001 and CA-00058970-002: for the reasons given above I find that both complaints are well founded. I award payments of €894.83 and €3,869.92, totalling €4,764.75.

Dated: 25th June 2024

Workplace Relations Commission Adjudication Officer: Hugh Lonsdale

Key Words:

Respondent did not attend.

Underpayment for annual leave and bank holidays, no payment in lieu of notice.