ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00048970

Parties:

	Complainant	Respondent
Parties	Edmond Gilbert	Ht Utilities Services Limited

Representatives

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-00060246-001	25/11/2023

Date of Adjudication Hearing: 23/02/2024

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 worked with the Respondent from March 2021 until June 2022. He then recommenced work from August 2022 until September 2023.

Summary of Complainant’s Case:

The Complainant was working as an excavator operator. He left the company in September 2023 and has not received his one week’s notice or holiday pay of one week owed, total 1,647.40 euro gross. Mr. Gilbert confirmed the correct name of the Respondent is HT Utilities Services Limited.

Summary of Respondent’s Case:

There was no appearance by or on behalf of the Respondent at the hearing.

Findings and Conclusions:

I heard and considered the submissions made by Mr. Gilbert regarding pay outstanding.

In accordance with S39 of the Organisation of Working Time Act 1997 I hereby amend the title of the Respondent to HT Utilities Services Limited

I accept the evidence that he had no alternative but to leave the company. Mr. Gilbert had not been paid his one week’s notice of 820.73 euro and one week’s holiday of 820.73 euro due.

I find the complaint is well founded. I direct payment by the Respondent of 1,647.40 gross to Mr. Gilbert together with one week’s net pay of 800 euro as compensation for the breach.

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 by the Respondent of 1,647.40 euro gross to Mr. Gilbert together with one week’s net pay of 800 euro as compensation for the breach.

Dated: 29-11-2024

Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll

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