ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00048425
Parties:
| Complainant | Respondent |
Parties | Rodrique Rizk | Layer Digital Solutions |
Representatives | Self (remotely) | Did not attend |
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-00059638-001 | 27/10/2023 |
Date of Adjudication Hearing: 08/03/2024
Workplace Relations Commission Adjudication Officer: Jim Dolan
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 was received by the Workplace Relations Commission on 27th October 2023. |
Summary of Complainant’s Case:
The Complainant states that he has not been paid for the months of June, July and August 2023. This amounts to €12,000 owed to the Complainant. The Complainant has signed invoices for the period in question. |
Summary of Respondent’s Case:
The Respondent did not attend the scheduled hearing of the complaint and failed to offer any explanation regarding non-attendance. I am satisfied that the Respondent was on notice of the hearing taking place. By letter dated 14th February 2024 and sent to the registered office of the Respondent, the Respondent was informed of the date, time and venue for the hearing. |
Findings and Conclusions:
During the hearing of the Complaint the Complainant was asked if he had been issued with a contract of employment and if so would he send a copy of the contract to the Adjudication Officer, the Complainant sent his contract by email during the hearing. The following are two extracts from said contract: Terms of Business –Layer Digital Solutions, Ltd. & Company Contractor This contract is made on the 3rd January,2023 between Layer Digital Solutions, Ltd. (hereinafter referred to as “the Client”) having its registered office 1 Stokes Place, St. Stephen’s Green, Dublin 2, Company No.499037 and Rodrigue Salim Rizk (hereafter called “the Supplier”) having its registered office 1st Floor, Abou Chaaya Bldg. 4 Street 912, Slaf, Dekwaneh, Lebanon, Company No 3758332 to supply the services of Rodrigue Salim Rizk (hereinafter called “the Consultant”) in the capacity of Team Leader-Customer Success (hereinafter called “the Role”) to the client.
Financial Terms The Client promises to pay the Supplier at the rate (payable by credit transfer within five working days following receipt and clearance of payment from the Client), on presentation of correct monthly invoices (based on a calendar week / month) and weekly timesheets completed / signed by the Supplier and signed by the Client). Only time recorded on the timesheet and signed by the consultant and client will be paid for.
It is clear from the above that the Complainant was not an employee of the Respondent.
I am unable to find in favour of the Complainant as he was not an employee of the Respondent and this being the case cannot pursue a claim under the Payment of Wages Act, 1991. The complaint as presented is not well founded.
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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 am unable to find in favour of the Complainant as he was not an employee of the Respondent and this being the case cannot pursue a claim under the Payment of Wages Act, 1991. The complaint as presented is not well founded.
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Dated: 20-03-2024
Workplace Relations Commission Adjudication Officer: Jim Dolan
Key Words:
Payment of Wages Act, 1991 |