ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00048698

Parties:

	Complainant	Respondent
Parties	Stephen Brannigan	Liffey Field Limited

Representatives

William Wall of Peninsula

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-00057042-002	07/06/2023

Date of Adjudication Hearing: 24/05/2024

Workplace Relations Commission Adjudication Officer: David James Murphy

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 Complainant worked for the Respondent and resigned in July 2023.

He was subject to a period of unpaid suspension and brought a claim under the payment of wages act challenging this.

Summary of Complainant’s Case:

The Complainant attended the hearing and gave evidence.

Summary of Respondent’s Case:

The Respondent attended the hearing and made submissions.

Findings and Conclusions:

The following facts are agreed.

The Complainant was suspended from work while on annual leave in May 2023.

The Respondent initially stopped his pay. The Complainant challenged this in June 2023 both by way of written grievance and this complaint.

While the Respondent never acknowledged any error on their part they the paid him his full backdated salary at the end of June 2023.

Having reviewed the above, it is clear than an unlawful deduction of wages occurred but was subsequently paid. There was no outstanding deduction owing to the Complainant at the time of the WRC hearing.

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.

I find that the complaint is not well founded.

Dated: June 4th, 2024.

Workplace Relations Commission Adjudication Officer: David James Murphy

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