Complainant

Respondent

Parties

Jackay  Lohano

Best Guard Security Services (Bgss) Limited

Complainant

Respondent

Anonymised Parties

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Representatives

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-00065866-001

09/09/2024

The Complainant commenced his employment as a security guard with the Respondent on 16 June 2024. He terminated his employment on 21 July 2024 because he had not been paid any wages for his entire period of employment.

The Complainant commenced his employment as a security guard with the Respondent on 16 June 2024. He terminated his employment on 21 July 2024 because he had not been paid any wages for his entire period of employment.

The Respondent did not attend the hearing to give evidence in relation to the complaint.

Section 1 of the Payment of Wages Act 1991 (“the Act”) defines wages as:

“any sums payable to the employee by the employer in connection with his employment, including—

(a)   any fee, bonus or commission, or any holiday, sick or maternity pay, or any other emolument, referable to his employment, whether payable under his contract of employment or otherwise,”

In Marek Balans -v- Tesco Ireland Limited [2020] IEHC 55 approving Dunnes Stores (Cornels court) Limited -v- Lacey [2007] 1 1.R. 478, it was stated that a decision-maker must firstly determine what wages are properly payable under the employment contract before determining whether there has been a deduction under the Payment of Wages Act 1991.  While each case will turn on its own particular facts, it is necessary to ascertain, in the instant case, (1) whether the pay constituted a term of the Complainant’s contract and (2) if has there been a contravention of Section 5 of the Act.

Given the uncontradicted evidence of the Complainant, I am satisfied that he was not paid in the amount of €2,225.28 that he was owed in wages by the Respondent.

I find that the complaint is well founded for the reasons set out above and order that the Respondent makes a payment of €2,225.28 to the Complainant. This is subject to the normal statutory deductions.