Complainant

Respondent

Parties

Shalika  Ramadas

Layer Digital Solutions Ltd

Representatives

  In person

 Did not attend

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-00059998-002

14/11/2023

The complaint was submitted to the Workplace Relations Commission (WRC) on 14th November 2023. The issue relates to the non-payment of wages and notice entitlements to the complainant when her employment ended with immediate effect on 29th May 2023.

The matter was scheduled to be heard on 6th June 2024. There was no appearance by the respondent at that hearing. As the complainant had included her work address on the complaint form as opposed to the respondent’s registered address, the matter was adjourned on the basis that the respondent was not properly on notice of the adjudication hearing. The matter was rescheduled for hearing on 27th August 2024 and the respondent was notified to its registered address of the arrangements in place for the hearing of the complaint. There was no attendance at the reconvened adjudication hearing by the respondent or its representative.

The complainant addressed her complaint by way of oral submission. The complainant stated that when her employment ended, she was owed two months’ salary (€7,340.66 in total). The complainant further stated that that the employer had previously accepted  the outstanding salary payments and that she was also owed €3,670.31 in respect of notice entitlements.

The complainant added that a significant number of her colleagues had referred similar complaints to the WRC and had received positive decisions from the adjudication services but had not received the monies that they were owed.

The complainant is seeking a total payment of €11,010.97 in respect of her unpaid entitlements.

The respondent did not attend the adjudication hearing and was not represented.

Section 1 of the Payment of Wages Act 1991 states as follows:

"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:

As the respondent did not attend the adjudication, I have considered the complaint and accept the complainant’s position that she has not been paid her entitlements in respect of pay for the months of April and May 2023 and a further months’ salary in respect of notice entitlements. Accordingly, I find that the complaint is well founded.

The complaint is well founded. The respondent is directed to pay the complainant €11,010.97 in respect of the complainant’s entitlements under the Payment of Wages Act, 1991.