ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00053779
Parties:
| Complainant | Respondent |
Parties | Meng Hua | Lxz Omeforr Limited |
Representatives |
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Complaint:
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-00065770-001 | 03/09/2024 |
Date of Adjudication Hearing: 26/11/2024
Workplace Relations Commission Adjudication Officer: Penelope McGrath
Procedure:
The Complainant has brought a complaint of a contravention of the Payment of Wages Act, 1991 which is an Act contained in Schedule 5 of the Workplace Relations Act of 2015 and where such a complaint is presented the Director General is empowered to refer that complaint forward for adjudication by an Adjudication Officer pursuant to Section 41(4) of the Workplace Relations Act, 2015. Following the said referral,it is incumbent on the assigned Adjudicator to make all relevant enquiries into the complaint. This will include hearing oral evidence, considering submissions made and receiving other relevant evidence.
In particular, the Complainant herein has referred the following complaint:
A complaint of a contravention of Section 5 of the Payment of Wages Act, 1991, that is, a Complaint of an unlawful deduction having been made from the Employee’s wage. Pursuant to Section 6 of the said 1991 Act, and in circumstances where the Adjudicator finds that the complaint of a contravention of Section 5 aforesaid is deemed to be well founded, then the Adjudicator can direct that the employer pay to the employee an amount which is subject to the limits set out in Section 6 of the 1991 Payment of Wages Act 1991.
Background:
This hearing was conducted in person in the Workplace Relations Commission situate in Lansdowne Road, Dublin. In line with the Supreme Court decision in the constitutional case of Zalewski -v- An Adjudication Officer and the Workplace Relations Commission and Ireland and the Attorney General [2021] IESC 24 (delivered on the 6th of April 2021) the hearing was conducted in recognition of the fact that the proceedings constitute the administration of Justice. It was therefore open to members of the public to attend this hearing.
In the interests of fairness, the WRC acquiesced to an application made for the provision of an interpreter. It is noted that the interpreter is provided to assist the Adjudicator to conduct an orderly and fair hearing of the Complaints being made by the Complainant in his/her preferred language. The interpreter did not guide or assist the person for whom the interpreter was sought i.e. the Complainant.
The Specific Details of the Dispute are outlined in the Workplace Relations Complaint Form which was received by the WRC on the 3rd of September 2024.
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Summary of Complainant’s Case:
The Complainant was not represented and made his own case. The Complainant provided me with some supporting documentation helpful to this case. The Complainant alleges that the Employer unlawfully deducted wages that were owed to him. Where it also became necessary, I explained how the Adjudication process operated with particular emphasis on the burden of proof which had to be attained by the Complainant in the first instance. Where I deemed it necessary, I made my own inquiries so as to better understand the facts of the case and in fulfilment of my duties as prescribed by Statute.
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Summary of Respondent’s Case:
The Respondent did not attend. I am satisfied that the Respondent was notified of the date, time and venue for this hearing by a letter sent from the WRC - dated the 17th of October 2024 - and sent to the registered office of the Company which employed the Complainant herein. |
Findings and Conclusions:
The Complainant gave evidence concerning the non-payment of his last week of wages together with his accrued Holiday Pay when his employment was terminated on the 4th of May 2024. This evidence was not contradicted. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 CA-00065770-001 – The Complaint herein is well-founded and I direct that the Employer pay to the Complainant the sum of €850.00
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Dated: 23-01-2025
Workplace Relations Commission Adjudication Officer: Penelope McGrath
Key Words:
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