ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00048412
Parties:
| Complainant | Respondent |
Parties | Kelvin Tobun | Dx Compliance Ltd |
Representatives |
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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-00059627-001 | 26/10/2023 |
Date of Adjudication Hearing: 29/02/2024
Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015following 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 worked with the company from 1st July 2023 until 29th of September 2023. |
Summary of Complainant’s Case:
The Complainant worked with the company as an intern. He was not provided with any written terms and conditions despite requesting a contract of employment. Payment for July 2023 was two weeks late. The Complainant’s wages for August and September 2023 of 2,370 and 1,218 gross euro were never paid. On the revenue website it says the wages were paid but payment was not received. The Complainant made numerous requests for payment and was told it was being processed. Lack of payment has caused great financial hardship and anxiety. He became demotivated but carried out the work. The Complainant says numerous other colleagues had the same experience. |
Summary of Respondent’s Case:
Simon Dix Director of the company said the company operate a clock in and clock out system which determines payment. There were discrepancies and breaks not inputted. Timesheets needed to be corrected by Mr. Tobun and were revised in October 2023. There was a discrepancy in the hours which did not match to the deliverables. No deliverables were received in September 2023. Mr. Dix was not aware of all of the emails from Mr. Tobun to the company. |
Findings and Conclusions:
I heard and considered the evidence of the parties and their submissions. Mr. Tobun worked as an intern for the company. An hourly rate of pay of 11.30 per hour was agreed for 32 hours per week. Mr. Tobun was due payment of 1,550 euro for August 2023 and 820.00 euro for September 2023. Mr. Tobun has not been paid for hours worked in breach of S5 of the Payment of Wages Act 1991. The complaint is well founded. I direct payment of arrears of wages due of 2,370 euro gross together with compensation for breach of the Act of net 609.12 euro by the Respondent immediately. |
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 well founded. I direct payment of arrears of wages due of 2,370 euro gross together with compensation for breach of the Act of net 609.12 euro by the Respondent immediately. |
Dated: 5/12/24
Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll
Key Words:
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