Complainant

Respondent

Parties

James  O'Connor

Independent Consultant Engineering Limited Ic Engineering

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-00058595-001

31/08/2023

Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991

CA-00058786-001

12/09/2023

Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991

CA-00058786-002

12/09/2023

Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991

CA-00058786-003

12/09/2023

Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991

CA-00058786-004

12/09/2023

Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991

CA-00058786-005

12/09/2023

The Complainant worked as a Commissioning Manager for the Respondent.

The Complainant worked for the Respondent which is a start-up company.

He is owed unpaid wages of 3,327.50 which are unpaid dating back to 28th February 2022. Complaint CA-00058595-001 was received by the Workplace Relations Commission on 31st August 2023.

He is also owed unpaid wages of 2,142.06 due 30th April 2023, 4,146.73 due 30th May 2023, 4,834.32 due 30th June 2023, 4,261.31 due 30th July 2023 and 4,261.31 due 31st August 2023.

Complaints CA-00058786-001 -5 of breach of S6 of the Payment of Wages Act 1991 were received by the Workplace Relations Commission on 12th September 2023.

There was no appearance by or on behalf of the Respondent at the hearing.

I heard and considered the evidence and submissions of the Complainant.

CA-00058595-001    

The Complainant claims a breach of S6 of the Payment of Wages Act 1991 as he did not receive wages agreed due on 28th February 2022. The complaint was received by the Workplace Relations Commission on 31st August 2023.

S41 (6) of the Workplace Relations Act 2015 provides:

(6) Subject to subsection (8), an adjudication officer shall not entertain a complaint referred to him or her under this section if it has been presented to the Director General after the expiration of the period of 6 months beginning on the date of the contravention to which the complaint relates…

……..

(8) An adjudication officer may entertain a complaint or dispute to which this section applies presented or referred to the Director General after the expiration of the period referred to in subsection (6) or (7) (but not later than 6 months after such expiration), as the case may be, if he or she is satisfied that the failure to present the complaint or refer the dispute within that period was due to reasonable cause.

The date of the alleged breach of S6 of the Act is 28th February 2022. This complaint is statute barred as it was not received within six or twelve months of the date of the alleged breach.

This complaint is not well founded.

CA-00058786-001 -5

The Complainant was employed with a start-up company which had difficulty recovering monies owed from their clients. He received sporadic payment of wages during the period. I accept the evidence of the Complainant and supporting emails submitted that he is owed arrears of wages totalling 19,645.73 euro gross. The complaints are well founded and I direct payment of 19,645.73 euro by the Respondent to the Complainant.

Given the substantial arrears of wages unpaid, I also direct payment of compensation of net 2 weeks wages of 2,073.36 euro by the Respondent to the Complainant.

The complaints are well founded. I direct payment of 19,645.73 euro by the Respondent to the Complainant.

I also direct payment of compensation of net 2 weeks wages of 2,073.36 euro by the Respondent to the Complainant.