ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00053325
Parties:
| Complainant | Respondent |
Parties | Binil Paulose | Royal Indian Cuisine Limited |
Representatives | Self-Represented | No Appearance |
Complaints:
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-00065121-001 | 31/07/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00065123-001 | 31/07/2024 |
Date of Adjudication Hearing: 21/11/2024
Workplace Relations Commission Adjudication Officer: Úna Glazier-Farmer
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
Background:
The Complainant appeared in person. His employment ended without notice on 26 May 2024. |
Summary of Complainant’s Case:
The Complainant explained that he was owned wages in the sum of €3,462 and annual leave in the sum of €2,308. It was submitted that the Respondent had been liquidated. The Liquidator had been in touch with the Complainant, but the wages and annual leave payment had not been received. |
Summary of Respondent’s Case:
There was no appearance by the Respondent. There was a communication from the Liquidator advising of the current status of the Respondent. |
Findings and Conclusions:
The undisputed evidence of the Complainant is accepted. Redress is provided for under Section 6 of the Payment of Wages Act 1991 :- “6. (1) A decision of an adjudication officer under section 41 of the Workplace Relations Act 2015, in relation to a complaint of a contravention of section 4C or 5 as respects a deduction made by an employer from the wages or tips or gratuities of an employee or the receipt from an employee by an employer of a payment, that the complaint is, in whole or in part, well founded as respects the deduction or payment shall include a direction to the employer to pay to the employee compensation of such amount (if any) as he considers reasonable in the circumstances not exceeding— (a) the net amount of the wages, or tip or gratuity as the case may be (after the making of any lawful deduction therefrom) that— (i) in case the complaint related to a deduction, would have been paid to the employee in respect of the week immediately preceding the date of the deduction if the deduction had not been made, or (ii) in case the complaint related to a payment, were paid to the employee in respect of the week immediately preceding the date of payment, or (b) if the amount of the deduction or payment is greater than the amount referred to in paragraph (a), twice the former amount.” I accept the undisputed evidence of the Complainant. I find he is entitled to compensation in the sum of €3,462 in accordance with Section 1 (b) (i) the definition of wages. I find the Complainant is entitled to compensation for outstanding annual leave in the sum of €2, 308 being in accordance with Section 6 (1) (a) (i) and the definition of wages in Section 1 (b) (i). |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.
I find the complaint is well founded and order the total sum of €5,770. |
Dated: 26-11-2024
Workplace Relations Commission Adjudication Officer: Úna Glazier-Farmer
Key Words:
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