Complainant

Respondent

Parties

Haq Mohammad  Mouradi

Keith Gamble Kg Contracts

Complainant

Respondent

Anonymised Parties

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Representatives

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-00058947-001

20/09/2023

The Complainant submitted a claim under the Payment of Wages Act 1991 on 20th of September 2023.

A Hearing was initially scheduled for 25th of January 2024 but was postponed at the request of the respondent.  A further hearing was scheduled for 7th of March 2024 but was adjourned on the morning of the hearing following a request from the respondent.   A resumed hearing was rescheduled for 9th of April 2024 which the respondent failed to attend.   

The complainant submits that

He began working with the respondent on the 26th of June 2023.   He submits that the parties had agreed on an hourly rate of €25 per hour for a 40-hour week from the start.   The complainant submits that his wages were rarely correct that his salary should have been €802.49 however this rarely made it into his  account.

The complainant submits that he was owed €3, 178 in outstanding wages.

The respondent was not in attendance and was not represented.

This matter was initially scheduled for 25th of January 2024 but was postponed at the request of the respondent.    A further hearing was scheduled for 7th of March 2024 but was adjourned on the morning of the hearing following a request from the respondent.    A resumed hearing was rescheduled for 9th of April 2024 which the respondent failed to attend.   

Both parties were notified of the date, time and login details for the adjudication hearing. The complainant was in attendance.  The respondent was not in attendance, and I delayed the start time of the adjudication hearing by approximately 20 minutes to facilitate a late arrival.

I reviewed the documentation sent to the respondent.   I note that the respondent had previously communicated with the WRC via the email address to which the hearing notification was issued.  I note that a communication had issued from the respondent email address on the same date the hearing notification was issued to the same email address.   I am satisfied that the respondent was on notice of the adjudication hearing.

As the respondent did not attend, I proceeded with the hearing and the complainant outlined his complaint regarding the non-payment of wages.

The complainant advised the hearing that he worked with the respondent for eight weeks from 26th of June 2023 to 18th of August 2023 and during that period he received four transfers of payments.   The complainant advised the hearing that the total sum of his wages at this time should have been €6,491.67 as per the agreement and according to his payslips received.  The complainant advised the hearing that there was a deficit of €3,178 between what he was paid and what he should have been paid.  

The complainant advised the hearing that he was not looking for the respondent to  be reprimanded but that he is simply asking for what is rightfully  due to him.  The complainant submitted copies of his bank statement, wage slips and contract in support of his claim.  The complainant advised the hearing that he received pay slips for all of the wages due to him but that the corresponding payments were not transferred to his bank account.  He advised the hearing that four separate payments were made to his account from the respondent during the period,  but which did not correspond to the payslips he received and leaving an outstanding amount of €3,178 still due to him.  

Conclusions

Having considered the submissions and documentation relating to the complaint, and in the absence of any input from the respondent to the contrary, I accept the complainant’s position that he did not receive salary payments as outlined by him in respect of  €3,178.

Having considered all of the circumstances I find that this complaint is well founded.   Accordingly, the respondent is directed to pay the complainant €3,178 in respect of unpaid wages