ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00057457
Parties:
| Complainant | Respondent |
Parties | Melissa Rui | Feedel Hires Limited |
Representatives | Self-Represented | Self-Represented /Owner/Manager |
Complaints:
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-00069674-001 | 02/03/2025 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00069674-002 | 02/03/2025 |
Date of Adjudication Hearing: 01/07/2025
Workplace Relations Commission Adjudication Officer: Michael McEntee
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 6 of the Payment of Wages Act,1991 following the referral of the complaints 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 complaints.
In deference to the Supreme Court ruling, Zalewski v Ireland and the WRC [2021] IESC 24 on the 6th of April 2021 the Parties were informed in advance that the Hearing would normally be in Public, Testimony under Oath or Affirmation would be required and full cross examination of all witnesses would be provided for.
The required Affirmation / Oath was administered to all witnesses present. The legal perils of committing Perjury was explained to all parties.
The issue of anonymisation in the published finding of the WRC was considered by the Parties but not deemed necessary.
This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and SI 359/20206, which designates the WRC as a body empowered to hold remote hearings.
Background:
The Complainant was employed as a Recruitment Agent by the Respondent Recruitment Company. The employment began on the 26th June 2023 and formally ended on the 15th November 2024. The rate of pay was stated to have been €2,500 per month. Hours were variable. |
1: Summary of Complainant’s Case:
1:1 CA:00069674-001 and CA-00067674-002 (It was agreed that CA-00067674-002 was a duplicate of CA:00069674-001) The Complainant gave an Oral Testimony supported by Financial documents. The Respondent had paid her for August 2024 but failed to pay her for September, October or the period to the 15th November 2024. She was claiming payment for the period from 1st September to 15th November 2024. |
2: Summary of Respondent’s Case:
2:1 CA:00069674-001 and CA-00067674-002 The Respondent gave an Oral testimony and a brief written submission. He accepted liability for the non-paid Salary amounts. The Company had run out of funds in September and he had informed the Revenue that he had ceased Trading on the 1st November 2024. He hoped to resume trading in the future when it might be possible to pay the outstanding wages. |
3: Findings and Conclusions:
3:1 CA:00069674-001 and CA-00067674-002 The Adjudication Officer suggested that the Parties seek information on the Employer Insolvency Schemes in Ireland. A formal Adjudication decision was requested. Accordingly, under Section 6 of the Payment of Wags Act,1991 it is directed that the sum of €5,000 (for the Months of September and October (€2,500 x2 ) plus €1,250 ( 2 weeks at €625 per week) a total of €6,250 be paid to the Complainant as soon as possible but no later than six weeks from the date of this Decision.
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4: Decision:
Section 41 of the Workplace Relations Act 2015 and Section 6 of the Payment of Wages Act, 1991 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions of the cited Acts.
4:1 CA:00069674-001
The Complaint is deemed to be legally Well Founded.
The sum of €6,250 is deemed payable to the Complainant under the Payment of Wages Act, 1991.
4:2 CA:00069674-002
This Complaint is deemed a duplicate of CA:00069674-001 and is deemed not to be Legally Well Founded. It fails.
Dated: 15-08-2025
Workplace Relations Commission Adjudication Officer: Michael McEntee
Key Words:
Payment of Wages Act,1991. |