ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00050236
Parties:
| Complainant | Respondent |
Parties | Collin Matshazi | Agus Victuals Limited |
Representatives | Self-represented | Conor Kavanagh, Director |
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-00061692-001 | 20/02/2024 |
Date of Adjudication Hearing: 29/05/2024
Workplace Relations Commission Adjudication Officer: Valerie Murtagh
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. The hearing was heard remotely, pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020, which designated the WRC as a body empowered to hold remote hearings. Witnesses were sworn in at the commencement of the hearing.
Summary of Complainant’s Case:
The complainant commenced employment with the respondent on 4 September 2023 in Food Service. He states that he worked 26 hours per week. The complainant submits states that when his workplace unexpectedly closed down in February 2024, he was left without wages and did not receive his lawful entitlement to holiday pay. The complainant states that he is owed 1 week’s wages in the amount of €298. He further states that he is owed holiday pay in the amount of €634 (52.81 hours x €12). |
Summary of Respondent’s Case:
The respondent was represented by its Director. It was submitted that the respondent company had to be closed down unexpectedly when issues arose with the Landlord. The Director stated that the failure of the company was unavoidable in the circumstances. The respondent stated that the company is in the process of going into voluntary liquidation. The respondent stated that he accepts the complainant’s claims but that the closure of the business was unavoidable given the issues with the Landlord and the leasehold. |
Findings and Conclusions:
Section 1 of the Payment of Wages Act 1991 defines wages as:- "wages", in relation to an employee, means 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, and (b) any sum payable to the employee upon the termination by the employer of his contract of employment without his having given to the employee the appropriate prior notice of the termination, being a sum paid in lieu of the giving of such notice. Based on the testimony given and the documentation submitted, I find that the complainant’s claims are well founded. The complainant has established breaches by the respondent of the Payment of Wages Act. I order the respondent to pay the complainant his entitlement to 1 week’s wages in the amount of €298. I further order the respondent to pay the complainant his entitlement to holiday pay in the amount of €634. |
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.
Complaint seeking adjudication by the WRC under section 6 of the Payment of Wages Act, 1991 CA-00061692-001 The within claims are well-founded. I order the respondent to pay the complainant his entitlement to 1 week’s wages in the amount of €298. I further order the respondent to pay the complainant his entitlement to holiday pay in the amount of €634. |
Dated: 11th October 2024.
Workplace Relations Commission Adjudication Officer: Valerie Murtagh
Key Words:
Payment of Wages Act |