Complainant

Respondent

Parties

Daviti  Shukakidze

Bgs Security

Representatives

David Cotter Independent Workers' Union

No Show

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-00069787-001

05/03/2025

The Company’s registered address is:

Unit 2a, Damastown Walk, Damastown Industrial Park, Dublin 15 D15 HHP7.

Notice of the hearing was sent to the registered address and returned.

The Complainant stated that the company unlawfully withheld 2 moths wages:

I have not received my December and January's payment which is in total 5240 euro. They sent payslip only for December, January's payslip I haven't received. When I'm calling them one man called Graham is answering and saying that previous owners Alex and John were …are gone and he cannot do anything with them. He wants me to work in his company but is not going to pay my salary

No Show

I accept the sworn evidence of the Complainant that he is owed 2 months pay for December 2024 and January 2025. Based on the payslip and bank statements opened at the hearing the amount owing is €2741.75 x 2 months= €5483.50 Gross less any statutory deduction.

The Complainant has provided payslips detailing net wages due and not paid.

I find the sworn evidence credible and convincing.

The Respondent has been provided with an opportunity to attend and present their case and has failed to attend.

I note that section 5(6) of the Act states:

(6) Where—

(a) the total amount of any wages that are paid on any occasion by an employer to an employee is less than the total amount of wages that is properly payable by him to the employee on that occasion (after making any deductions therefrom that fall to be made and are in accordance with this Act), or

(b) none of the wages that are properly payable to an employee by an employer on any occasion (after making any such deductions as aforesaid) are paid to the employee,

then, except in so far as the deficiency or non-payment is attributable to an error of computation, the amount of the deficiency or non-payment shall be treated as a deduction made by the employer from the wages of the employee on the occasion.

I find that the following payments were properly payable, and the employer has failed to pay these payments: €2741.75 x 2 months= €5483.50 Gross less any statutory deduction relating to December 2024 and January 2025.

The Act provides redress as follows:

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.

The complaint is well founded:

I direct the Respondent to pay compensation as follows:

I find that the following payments were properly payable, and the employer has failed to pay these payments: €2741.75 x 2 months= €5483.50 Gross less any statutory deduction relating to December 2024 and January 2025.

Unlawful Deduction