Complainant

Respondent

Parties

Damian Hall

ART Transport Ltd

Complainant

Respondent

Anonymised Parties

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Representatives

  Self-Represented

 No Appearance

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-00062797-001

13/04/2024

The Complaint Form was received by the Workplace Relations Commission on 13 April 2024. The Complainant appeared in person. Documentary evidence was submitted in advance of the hearing and shared with the Respondent.

There was no appearance on behalf of the Respondent 

The Complainant drove for the Respondent’s transport company.

He commenced employment on 13 February 2024 and resigned on 22 March 2024.

It was his evidence he received €729.23 from the Respondent per week. He did not receive a payslip but did submit documentary evidence from Revenue providing for a weekly gross wage of €564.22.

The remaining €165.01 amounted to a subsistence payment.

It was his complaint he was not paid on 29 March 2024.

After waiting a period of time , there was no appearance by the Respondent.

Section 1 of the Payment of Wages Act 1991 defines "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:

Provided however that the following payments shall not be regarded as wages for the purposes of this definition:

(i)               any payment in respect of expenses incurred by the employee in carrying out his employment”

I accept the undisputed evidence of the Complainant. I find he is entitled to his wage in the sum of €564.22 but as outlined above in Section 1 (b) (i) the definition of wages excludes subsistence (expenses).

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 find the complaint to be well-founded in terms of wages only, excluding expenses.

Therefore, I direct the Respondent to pay the Complainant compensation in the sum of €564.22.

Payment of Wages Act 1991