ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00044921
Parties:
| Complainant | Respondent |
Parties | Sandra Stefanovic | Lidl Ireland Gmbh |
Representatives |
| Anne Hennessy |
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-00055557-001 | 15/03/2023 |
Date of Adjudication Hearing: 27/07/2023
Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll
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 was employed with the Respondent from 18th July 2018 until 27 November 2022. |
Summary of Complainant’s Case:
The Complainant resigned from her employment with the Respondent on 27 November 2022. She gave two week’s notice. She says she was not paid approximately 2,500 euro owed. The Respondent says she was overpaid salary in November 2022 and overtake in sickness she was over paid 981.63 euro. She was not notified about this deduction in advance, nor did she agree. She seeks salary owed. |
Summary of Respondent’s Case:
The Respondent says the deductions made were lawful. The Complainant authorised deductions to be made in her contract of employment dated 1 April 2021. The Claimant was overpaid from 24th of November to 30th of November 2022, for which she was paid for in her November payslip 2022. The Claimants’ sickness quota was 20 days pro rata from 1st March 2022 to 28th February 2023. The Claimant had a sickness overpayment of 8 days, this is noted in December 2022 payslip. There was an overpayment of 981.63 euro to the Complainant. The Respondent requests the complaint be dismissed. |
Findings and Conclusions:
The hearing of this complaint took place on 27th July 2023. There was no appearance by or on behalf of the Complainant. The Respondent attended the hearing. Given the Complainant’s absence from the hearing without explanation, I find I have no option but to conclude the complaint is not well founded. |
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 not well founded. |
Dated: 8th March 2024
Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll
Key Words:
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