Complainant

Respondent

Parties

Serhii  Berezhnyi

PSW Services - Garden Maintenance, Landscaping & Construction

Representatives

Self-represented

 No appearance

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-00072162-001

06/06/2025

The Complainant filed one complaint for outstanding wages under the Payment of Wages Act 1991.

The Complainant gave evidence that he had worked a total of eighty (80) hours for the Respondent between the dates 31/03/2025 and 17/04/2025, for which he received no wages.

He further outlined that he was never registered by the Respondent company and was not given a contract of employment, despite repeatedly requesting both.

He said that he sought to have (Intreo) documentation signed but the person he was dealing with at the Respondent company, PW, always told him he was ‘too busy’ and fobbed him off.

The Complainant explained that an hourly rate of €15 per hour was agreed and that he carried out 80 hours’ work.

The Complainant submitted several pages of screenshots of messages with the company, which acknowledge that he was to be an employee (rather than self-employed), would have a workday of eight (8) hours with one (1) hour for lunch, and acknowledges that payment is to be made for the work. The messages set out that the rate is to be discussed ‘face to face.’

In the messages, the Complainant is also directed to attend work at a particular location/day. Furthermore, that he is owed money is acknowledged in the messages submitted – in one message, the company says ‘this is being processed’ in response to a message from the Complainant saying ‘Good morning. I remind you about the salary.’

The Complainant gave evidence that the last message from the employer was telling the Complainant not to contact him again and that he would go to the Gardai if he did so, and then the employer ‘blocked’ the Complainant so he could not contact him. The final message from the Respondent also says: ‘We will now also forward your form to the revenue and the social welfare.’

No appearance was entered by or on behalf of the Respondent.

The Complainant filed one complaint for outstanding wages under the Payment of Wages Act 1991.

The Complainant gave evidence that he worked a total of eighty (80) hours for the Respondent between the dates 31/03/2025 and 17/04/2025, for which he received no wages.

He further outlined that he was never registered by the Respondent company and was not given a contract of employment, despite repeatedly requesting both.

He said that he sought to have (Intreo) documentation signed but the person he was dealing with at the Respondent company, PW, always told him he was ‘too busy’ and fobbed him off.

The Complainant explained that an hourly rate of €15 per hour was agreed and that he carried out eighty (80) hours’ work.

The Complainant submitted several pages of screenshots of messages with the company, which acknowledge that he was to be an employee (rather than self-employed), would have a workday of eight (8) hours with one (1) hour for lunch, and acknowledges that payment is to be made for the work. The messages set out that the rate is to be discussed ‘face to face.’ In the messages, the Complainant is also directed to attend work at a particular location/day. Furthermore, that he is owed money is acknowledged in the messages submitted – in one message, the company says ‘this is being processed’ in response to a message from the Complainant saying: ‘Good morning. I remind you about the salary.’ The Complainant gave evidence that the last message from the employer was telling the Complainant not to contact him again and that he would go to the Gardai if he did so, and then the employer ‘blocked’ the Complainant so he could not contact him. The final message from the Respondent also says: ‘We will now also forward your form to the revenue and the social welfare.’

The Complainant also outlined that he had signed off Jobseekers’ Allowance when he took up employment. He said that he went back to Intreo when he found himself in circumstances of having taken up work but not having got paid for that work; and also that he had signed off social welfare because he was taking up work – he did not receive anything. He said that they did not know what to do in this situation because they had no experience of it. That is how he ended up filing a complaint with the Workplace Relations Commission (WRC).

The Adjudication Officer at the hearing asked the Complainant as to the correct legal name of the Respondent. He clarified that the name he had given was correct, to the best of his knowledge – he said that he was not 100% sure as he had never been given any documents by the company, despite repeatedly requesting them. He explained he had taken the name from the internet (google).

He said he wanted to get justice and to avoid other people having the same experience he had.

No appearance was entered by or on behalf of the Respondent.

I found the Complainant to be an honest and credible witness. He gave uncontested evidence, as no appearance was entered by or on behalf of the Respondent employer.

I find that the Complainant was an employee of the Respondent company during the timeframe outlined. I have had regard to the applicable case law in respect of that, including the Supreme Court case of The Revenue Commissioners v. Karshan (Midlands) Ltd. t/a Domino’s Pizza [2023] IESC 24 

I accept the Complainant’s evidence that he did eighty (80) hours work over the period of those weeks, as outlined. I have had regard to the Complainant’s submissions, in this regard also.

I accept that €15 per hour was the agreed rate, as per the Complainant’s uncontested oral evidence.

Pay is a fundamental term of any employment contract.

As set out in the Payment of Wages Act 1991, “wages”, in relation to an employee, means any sum 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:

Provided however that the following payments shall not be regarded as wages for the purposes of this definition:

(i)                  any payment in respect of expenses incurred by the employee in carrying out his employment

(ii)                 any payment by way of a pension, allowance or gratuity in connection with the death, or the retirement or resignation from his employment, of the employee or as compensation for loss of office

(iii)               any payment referable to the employee's redundancy

(iv)               any payment to the employee otherwise than in his capacity as an employee,

(v)                 any payment in kind or benefit in kind.

s. 5 of the Payment of Wages Act sets out the law in respect of lawful and unlawful deduction.

I find for the Complainant.

I find that this complaint is well founded.

I find that pay is a fundamental term of any contract of employment.

I find that the Complainant was an employee of the Respondent during the dates outlined, as per his uncontested evidence, 31/03/2025 – 17/04/2025.

I direct the Respondent to pay the Complainant the €1,200 (80 hours x €15 per hour) outstanding to him, attributable to his work as an employee of the Respondent company between 31/03/2025 and 17/04/2025, within 42 days of the date of this decision.

Payment of Wages Act 1991; Employee; Unpaid wages;