ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00053322
Parties:
| Complainant | Respondent |
Parties | Prathik Rao | BGS Security Limited |
Complaint:
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-00065263-001 | 07/08/2024 |
Date of Adjudication Hearing: 16/10/2024
Workplace Relations Commission Adjudication Officer: Pat Brady
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.
Summary of Complainant’s Case:
The complainant was employed by BGS Security under a contract of employment that stipulates a monthly salary payment, due at the end of each month. His June 2024 salary was due on July 16th, but he received a message advising him of a change of the payment date to the 19th of every month.
However, the salary was not transferred to his bank and remains unpaid. His salary for a portion of July 2024 also remains unpaid. He produced the pay slips for June and July in evidence.
Once it became clear that he was not going to be paid he did not attend for work after that point
He made numerous attempts to have the matter resolved but the only person for whom he had contact details denied any responsibility for salary or HR matters.
To make things worse, the address stated on his contract for the respondent is incorrect. The complainant visited that location to learn that the company had not operated there for two to three years.
The total sums due to him are €1471.88 for June and for that period of July for which he worked, €692.83. |
Summary of Respondent’s Case:
The respondent did not attend the hearing, nor was any explanation provided for its failure to do so. |
Findings and Conclusions:
The facts of the case are clear from the complainant’s statement above. The respondent did not attend to offer any explanation or otherwise provide its version of events.
The complainant was apparently given further undertakings after the hearing that the outstanding wages would be paid but again nothing was actually paid
The complainant was a credible witness, and I am satisfied that he is owed the sums claimed for wages properly payable to him and I award him €2164.71 being the combined total of €1471.88 for June and for that period of July for which he worked; €692.83. |
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 CA-00065263-001 is well-founded and I award the complainant €2164.71 subject to any lawful deductions. |
Dated: 31st October 2024
Workplace Relations Commission Adjudication Officer: Pat Brady
Key Words:
Payment of Wages |