ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00052620
Parties:
| Complainant | Respondent |
Parties | David Keane | Mark Conway, Condi Hospitality Limited |
Representatives | Self |
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Complaint(s):
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-00064528-001 | 03/07/2024 |
Date of Adjudication Hearing: 02/10/2024
Workplace Relations Commission Adjudication Officer: Niamh O'Carroll
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
Background:
The Complainant alleges that following the termination of his employment he was due to be paid wages, notice and holiday pay, none of which he received. |
Summary of Complainant’s Case:
The Complainant commenced working for the Respondent on the 07.08.2024. His employment ended on the 20.03.2024 when the business closed. He was not paid his notice, holiday pay or his last weeks wages. Payslips and a excel spreadsheet of his working hours have been submitted into evidence. The Complainant did not take any holiday in the period 07.08.2024 to 20.03.2024. He earned an average of € 629.00 gross/ €536 based on the payslips submitted. |
Summary of Respondent’s Case:
There was no appearance for or on behalf of the Respondent. Having gone through the file on this matter, I am satisfied that the Respondent was on notice of the hearing date and time and that the hearing link had been forwarded. |
Findings and Conclusions:
The Complainant alleges that he is owed his last weeks’ wages together with holiday pay and his notice payment. Based on the payslip submitted prior to the hearing the Complainant earned an average of €536.00 net / €629 gross per week. He commenced working on the 07.08.2023 and his employment ended on the 20.03.2024 when he was informed that the business would be closing with immediate effect. He worked 32 weeks and 2 days in total. He did not take any holidays during that period. From the documentation submitted and the Complainant’s evidence I find that the complaint is well founded. I award the Complainant one weeks’ notice in the amount of € 536.00 ( net,) one weeks wages in the amount of € 536.00 ( net) and 2.33 weeks annual leave amounting to € 1,250.00, the total being €2,322.00
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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.
The complaint is well founded I award the complainant € 2,322.00 |
Dated: 03-10-2024
Workplace Relations Commission Adjudication Officer: Niamh O'Carroll
Key Words:
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