ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00048449
Parties:
| Complainant | Respondent |
Parties | Nuria Taboada San Julián | Wesley Ryan |
| Complainant | Respondent |
Anonymised Parties |
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Representatives | In person | In person |
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-00059686-001 | 30/10/2023 |
Date of Adjudication Hearing: 19/03/2024
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 unpaid wages and expenses. The Respondent does not dispute the complaint or the relief sought. |
Summary of Complainant’s Case:
The Complainant gave evidence under affirmation as follows: The Complainant is from Spain. She commenced work with the Respondent as a horse rider and groomer on 2 June 2023. The Respondent has a horse-riding stables business. When the Complainant arrived to Ireland contrary to what had been agreed, she was not provided with appropriate accommodation and she was required to work much longer hours than had been agreed. She resigned her employment on 24 July 2023 when the Respondent would not pay her for her flight costs to Ireland, as had been agreed and would not pay her 3 weeks wages, as had been agreed. The Complainant claims unpaid wages and expenses of €1650.00. This claim does not account for the additional overtime that she worked. It also does not reflect the poor treatment that she received while employed by the Respondent. The Respondent didn’t pay taxes for her as had been agreed. She was injured by horses while working for the Respondent and and received no medical treatment. The accommodation that the Respondent provided for her during a horse show was in a horse trailer. Her accommodation in the stables was unclean and unprepared for use. After 7 weeks of work she asked him to pay her unpaid wages, the Respondent told her she was an illegal worker and then told her to submit an invoice, which would have suggested that she was self-employed, which she was not. She returned to Spain out of pocket, feeling sad and cheated. |
Summary of Respondent’s Case:
The Respondent concedes the claim. |
Findings and Conclusions:
I confine my finding only to the claim of unpaid wages and expenses of €1650, which I note, is conceded by the Respondent who agrees to discharge €1650 to the Complainant by close of business on 2 April 2024. As the complaint is undefended, I find this complaint is well founded and I award the Complainant the sum of €1650, which should be paid on or before close of business on Tuesday 2 April 2024, in accordance with the undertaking provided by the Respondent during the Adjudication hearing.
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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 find this complaint is well founded. I award the Complainant €1650.00 |
Dated: 20th of March 2024
Workplace Relations Commission Adjudication Officer: Emile Daly
Key Words:
Pay |