ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00053411
Parties:
| Complainant | Respondent |
Parties | Michelle Boyle | Randridge International Ltd |
Representatives | Self | Roberta Urbon Peninsula Business Services Ireland |
Complaint(s):
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-00065385-001 | 13/08/2024 |
Date of Adjudication Hearing: 22/10/2024
Workplace Relations Commission Adjudication Officer: Brian Dalton
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 39 of the Redundancy Payments Acts 1967 - 2014 following the referral of the complaint to me by the Director General, I inquired into the complaint(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s).
Background:
The Company lost several major contracts that in turn created financial difficulties that have given rise to redundancies and cash flow challenges. |
Summary of Complainant’s Case:
The Complainant has received her redundancy payment and this complaint is withdrawn. An outstanding payment was due as follows as detailed in the complaint form. · €1578.40 gross holiday pay · €8755.20 gross minimum notice · Wages €2229.84 gross These amounts owing are not in dispute. The Complainant owes the Respondent €7130 net which was a loan agreed to be paid down during her employment The outstanding amount of €7130 has been paid off by being offset against the holiday and minimum notice owing. That in turn leads to an outstanding gross payment owing of €103 an amount agreed between the parties. |
Summary of Respondent’s Case:
The Respondent accepts the following: An outstanding payment was due as follows: • €1578.40 gross holiday pay • €8755.20 gross minimum notice • Wages €2229.84 gross These amounts owing are not in dispute and that a loan amount was outstanding. The parties have agreed that the loan has been paid off arising from an offset against the payments owed to the employee. The Complainant owed the Respondent €7130 which was a loan agreed to be paid down during employment The outstanding amount of €7130 has been paid off by being offset against the wages owing. That in turn leads to an outstanding gross payment owing of €103 an amount agreed between the parties. The Respondent has stated that the redundancy claim for €22,236.00 has been forwarded to the Redundancy fund as such the claim can be withdrawn. |
Findings and Conclusions:
It is agreed between the parties that the Employee is owed €103 after the repayment of the loan from the wages due and owed to the Employee. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)in accordance with the relevant redress provisions under Schedule 6 of that Act.
Section 6 of the Act states: 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, Section 5(6) of the Act states: 6) Where— (a) the total amount of any wages that are paid on any occasion by an employer to an employee is less than the total amount of wages that is properly payable by him to the employee on that occasion (after making any deductions therefrom that fall to be made and are in accordance with this Act), or (b) none of the wages that are properly payable to an employee by an employer on any occasion (after making any such deductions as aforesaid) are paid to the employee, then, except in so far as the deficiency or non-payment is attributable to an error of computation, the amount of the deficiency or non-payment shall be treated as a deduction made by the employer from the wages of the employee on the occasion.
The Complaint is well founded. I direct that the Employer pay the Complainant €103 less any statutory deductions if arising. |
Dated: 11th November 2024.
Workplace Relations Commission Adjudication Officer: Brian Dalton
Key Words:
Offset |