ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00050230
Parties:
| Complainant | Respondent |
Parties | Ghina Kamal | Layer Digital Solutions Ltd, Company No. 499037 Layer |
Representatives | Self-Represented | Did not attend /No communications. |
Complaint:
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-00061681-001 | 20/02/2024 |
Date of Adjudication Hearing: 15/05/2024
Workplace Relations Commission Adjudication Officer: Michael McEntee
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 6 of the Payment of Wages Act, 1991 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.
In deference to the Supreme Court ruling, Zalewski v Ireland and the WRC [2021] IESC 24 on the 6th of April 2021 the Parties were informed in advance that the Hearing would normally be in Public, Testimony under Affirmation or Affirmation would be required and full cross examination of all witnesses would be provided for.
The required Oath / Affirmation was administered to all witnesses present. The legal peril of committing Perjury was explained to all parties.
No issue regarding confidentiality arose.
This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and SI 359/20206, which designates the WRC as a body empowered to hold remote hearings.
Background:
The Complainant is seeking payment of wages not received from May to September 2023.
She was employed as a Quality Assurance Engineer from 2nd February 2022 to, it reasonably appeared, September 2023.
The rate of pay was in US Dollars but was stated to be, after conversion, approximately €2,308 Euro per month for a 40-hour week.
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1: Non-Appearance of Respondent employer
The Respondent Employer did not attend the Hearing. I was satisfied that proper notice of the time, place and date of the Hearing had been given. A period, post the Hearing, was allowed for Respondent communications to explain their non-attendance. Nothing was received.
2: Summary of Complainant’s Case:
The Complainant, in a verbal Testimony, stated, under sworn Oath, that she had not been paid for the months of May to September 2023. –this equated to €11,077 euro. In addition, Holiday Pay for the same period to the value of €1,066 was outstanding as was a contractual notice payment of €2,308. |
3: Summary of Respondent’s Case:
The Respondent did not attend the hearing. No communication or rebuttal evidence was forthcoming. |
4: Findings and Conclusions:
The Complainant was under sworn Oath/Affirmation. She gave professional evidence that on the balance of probability the Adjudication Officer accepted. Under questioning she established that she had been a valid Employee in Ireland. She was extensively questioned by the Adjudication Officer regarding her claimed employment status, her employment contract and Irish Social Welfare & Revenue position. There was no counter rebuttal evidence from the Respondent Employer. Accordingly, the Complainant’s version of events was accepted. |
5: Decision:
CA-00061681-001
Section 41 of the Workplace Relations Act 2015 and Section 6 of the Payment of Wages Act,1991 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions of the cited Acts.
5:1 Salary / Wages element
I direct that the sum of €11,077 be paid to the Complainant in lieu of wages for the Months of May 2023, June 2023, July 2023, August 2023 and September 2023.
5:2 Holiday Pay
I direct that €1,066 be paid to the Complainant in lieu of Holiday Pay.
5:3 Notice Pay
I direct that one month’s Notice, as per Contract, be paid to the Complainant, a sum of € 2,308.
5:4 Time Scales of Payments
The above referenced sums to be paid within a period of six weeks from the date of publication of this Adjudication decision.
Dated: 16th October 2024
Workplace Relations Commission Adjudication Officer: Michael McEntee
Key Words:
Payment of Wages Act, 1991 |