Complainant

Respondent

Parties

Caoimhe  Mc Laughlin

PMD Device Solutions Ltd

Representatives

  In person

 No Appearance

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-00068134-001

16/12/2024

This is a payment of wages complaint in respect of unpaid wages and expenses. Following the issue of proceedings, on 16.12.24 the Respondent emailed the Complainant to advise her that the company was closing and had applied for bankruptcy.

The Complainant gave evidence under oath as follows:

1.       She is a qualified nurse.

2.       She worked as a nurse for the Respondent since 20.11.2023.

3.       The Respondent is a medical device company. In Letterkenny the Respondent had a contract with the HSE to provide a virtual ward whereby patients could have their respiratory rate assessed from home rather than having to attend Letterkenny University Hospital.

4.       Approximately 20 patients had their respiratory rate assessed every day for a 2-week period.

5.       The Respondent provided this service to the HSE in other areas around the country. They employed qualified nurses to travel to the patient’s homes to set up and thereafter monitor the patient’s respiratory rate remotely, from a hub in Letterkenny.

6.       The Complainant and her colleague were not paid their salary in November 2024, and they raised this with management. They were told that they would be paid but this did not happen so the Complainant issued a WRC complaint on 16.12.2024. The staff were then assured that they would be paid before Christmas but on 23 December 2024 the Complainant was emailed by Respondent management advising that the company could no longer financially operate and was in the process of applying to be declared bankrupt.

7.       At the time that the WRC complaint issued the Complainant had not been paid wages for November 2024 (€3831.79) or for the first two weeks of December (1915.50). She was also out of pocket for expenses that she incurred up until the issue of the complaint on 16 December 2024 (€1233.90)

8.       The Complainant continued to work and not be paid from 16.12.24 until 23.12.24 when her employment terminated however, she accepts that the unlawful deduction from wages that she may recover in this adjudication is limited to those that were outstanding at the date she issued her complaint on 16.12.2024.

9.       It was a difficult time for the Complainant. First, to be assured that she would be paid and then two days before Christmas, she lost her job and was told she would not be paid wages or expenses that were owed to her.

No appearance

The Respondent was notified by post by the WRC that the complaint had issued, and subsequently that a hearing would take place on 24.2.2025 in Letterkenny Courthouse but there was no response or engagement by the Respondent.

Based on the sworn evidence of the Complainant which was uncontested I am satisfied that there was an unlawful deduction of the Complainant’s wages of both wages and expenses which the Complainant paid from her personal funds, which should have been repaid to her but was not.

I am satisfied that this complaint is well founded, and I award the Complainant €6981.19.

This may be broken down as follows:

November 2024 net wages: €3831.79

December 2024 net wages (until date of issue of complaint on 16.12.24): €1915.50

Expenses which were not reimbursed to the Complainant: €1233.90.

The award does not take into account unpaid wages which occurred after the WRC complaint issued until the Complainants employment ended that being between 16.12.2024 until 23.12.2024.

I note that the Respondent advised the Complainant that it has ceased trading and is not in a financial position to discharge what is owed to the Complainant.

This complaint is well founded. I award the Complainant €6981.19.

Pay