Complainant

Respondent

Parties

Ibrahim  Daheb

AMR Management Services Limited

Complainant

Respondent

Anonymised Parties

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Representatives

Conor McGrave,  Setanta   Solicitors

 Did not attend

Act

Complaint Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991

CA-00060316-001

30/11/2023

Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994

CA-00060316-002

30/11/2023

The within claim is linked to that of ADJ 00049076 wherein Hoxha Foods Ltd. was named as the respondent.  The complainant states that although he was employed and worked for AMR Management Services Ltd, he received his pay from a company named Hoxha Foods Ltd. The complainant states that there was crossover between the two companies and that is the reason he has initiated two separate claims against 2 respondents.

The complainant was employed by the respondent as a security guard in or around 5 October 2022. He states that his employment was terminated in or around 10 June 2023. The complainant states that although he signed a contract of employment with the respondent he was never provided a copy of his written terms and conditions.

The complainant states that he was engaged by AMR Management Services Ltd. but received his payslips from a company named Hoxha Foods Ltd. The complainant states that he has also lodged a complaint against Hoxha Foods Ltd.

The complainant states that Mr Idrizi, Director of the respondent company communicated with the complainant to inform him of the assigned work roster. The complainant states that he worked multiple shifts providing security to clients but was not compensated for these shifts. The complainant states that the accruing amount owed to him was €2900. He states that he spoke to Mr Idrizi in person on 9 June 2023 in Blanchardstown, Co Dublin. The complainant states that Mr Idrizi wrote a cheque for the full amount of €2900 on 9 June 2023.

The complainant states that he attempted to cash this cheque in his bank account but states that he was unable to do so and it was marked “refer to drawer”. He states that this was due to the payor of the cheque, Mr Idrizi having insufficient funds in his account. The complainant communicated this to Mr Idrizi by Whats App on 5 July 2023. The complainant states that Mr Idrizi claimed that he had contacted the bank and blamed the complainant for failing to cash the cheque. He asserted that the complainant did not have sufficient funds or did not confirm the deposit. The complainant states that that this was false.

The complainant states that he followed up on the matter with Mr Idrizi on 8 July 2023 and Mr Idrizi claimed that he had always paid the complainant even when invoices went unpaid. The complainant reiterated that his wages had not been paid. The complainant states that Mr Idrizi again acknowledged the full debt amount of €2900 via Whats App on 8 July 2023. The complainant states that on 25 July 2023, the complainant requested to meet Mr Idrizi but he declined. The complainant states that he made further attempts to contact Mr Idrizi but to no avail.

Claim under Payment of Wages Act

The complainant states that he worked from 5 October 2022 until 10 June 2023. His last pay was received on 11 April 2023. He states that the respondent failed to pay him €2900 for completed but uncompensated work.

Claim under Terms and Conditions of Employment          

The complainant states that he did not receive a copy of his written terms at any time during his employment.

The respondent did not engage with the WRC and did not attend the hearing.

Payment of Wages Act  CA-00060316-001

Based on the uncontested evidence of the complainant I find that a contravention of the Act has been established in respect of wages that are properly payable to the complainant. I find that this complaint is well-founded. I find that wages in the amount of €2900 are owing to the complainant for work completed and carried out by him. In those circumstances I order the respondent to pay the complainant his wages in the amount of €2900.

Terms of Employment (Information Act) CA-00060316-002

The respondent is required to provide the complainant with a statement in writing concerning particulars of the complainant’s terms and conditions of employment within two months of the complainant commencing employment. In the within claim, I find that section 3(1) of the 1994 Act was contravened by the respondent. I find that this complaint is well-founded and order the respondent to pay the complainant compensation of €1,000 in respect of said breach.

Payment of Wages Act  CA-00060316-001

I find that this complaint is well-founded. I order respondent to pay the complainant his wages in the amount of €2900.

Terms of Employment (Information Act) CA-00060316-002

I find that this complaint is well-founded. I order the respondent to pay the complainant compensation of €1000.

Payment of Wages Act, Terms of Employment (Information) Act