ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00049762
Parties:
| Complainant | Respondent |
Parties | Kevin Daly | 9th Impact Ltd. |
| Complainant | Respondent |
Anonymised Parties | {text} | {text} |
Representatives | In person | No attendance |
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-00061133-001 | 22/01/2024 |
Date of Adjudication Hearing: 19/06/2024
Workplace Relations Commission Adjudication Officer: Emile Daly
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:
This complaint is for the unlawful deduction of the Complainant’s wages. |
Summary of Complainant’s Case:
Under affirmation the Complainant gave the following evidence: 1. He commenced work for the Respondent on 1.12.2015. 2. He was usually paid at the end of every month. 3. On 31.12.2023 he was not paid his monthly net wage of 3064.57 in respect of December 2023. 4. Since the issue of his complaint on 22 January 2024, and prior to resigning his employment additionally the Complainant did not receive his wages for the month of January 2024 or the first three weeks of February 2024. He resigned on 22 February 2024. 5. He seeks to add to his existing complaint (his monthly net salary for December 2023) the additional unlawful deductions in January 2024 and the first three weeks of February 2024. 6. The total net amount of wages that were unlawfully deducted from the Complainant was: - December 2023: €3064.57 - January 2024: €3064.57 - February 2024: €2298.42 |
Summary of Respondent’s Case:
No appearance |
Findings and Conclusions:
I am satisfied that the Respondent’s managing director received a hearing notice from the WRC and was contacted by telephone by the WRC to advise that a remote Adjudication hearing would take place on 19 June 2024, and that he did not attend the hearing. Based on the uncontested sworn evidence of the Complainant, I find as follows: Having considered section 6 of the Payment of Wages Act 1991, even though the Complainant sustained additional unlawful deductions after the issue of this WRC complaint, I am precluded from considering these because of section 6(2) (a) (i) of the 1991 PWA. The Complainant is still within time however to issue a fresh WRC complaint in respect of the unlawful deductions that he alleges occurred in respect of his January 2024 wages (€3064.57) and February 2024 wages (€2298.42) alongside a redundancy complaint that he also intends to issue. I am satisfied that the Complainant’s December 2023 wages were unlawfully deducted from him and that this complaint is well founded.
Award: €3064.57
|
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 this complaint to be well founded. I order that the Respondent pay to the Complainant €3064.57 |
Dated: 20/06/2024
Workplace Relations Commission Adjudication Officer: Emile Daly
Key Words:
Payment of Wages |