ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00054999
Parties:
| Complainant | Respondent |
Parties | Petru Migaevschi | Glenview Commercials Limited |
Representatives | Self-represented | No appearance |
Complaints:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00067039-001 | 30/10/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00067039-002 | 30/10/2024 |
Date of Adjudication Hearing: 16/01/2025
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
Background:
The Complaints are that the Complainant did not receive a written contract of employment and that he was owed wages and holiday pay.
Summary of Complainant’s Case:
The Complainant was employed as a Labourer by the Respondent from 15th October 2023 to 15th September 2024. Depending on hours, he was paid between €800 - €1,100 per week. He did not receive wages between 1st July and 15th September 2024. He was not paid for holidays taken. His calculation for wages and holiday pay is €4,300 wages and €4,000 holiday pay.
Summary of Respondent’s Case:
The Respondent did not attend the hearing to respond to the complaints.
Findings and Conclusions:
The Respondent did not attend the hearing convened to hear the parties on the claims.
Based on the uncontested evidence of the Complainant, I find as follows:
CA-00067039-001 Terms of Employment (Information) Act 1994
Section 3 of the Act provides that the Employer must furnish the Employee with written terms of employment not later than one month of commencement of the Employee’s employment.
In this instant case, I find that the Respondent failed to provide the Complainant with written terms of conditions of employment. I find the complaint to be well founded and I require the Respondent to pay to the Complainant the sum of €2,000 compensation.
CA-00067039-002 Payment of Wages Act 1991
Section 5 of the Act provides:
5.—(1) An employer shall not make a deduction from the wages of an employee (or receive any payment from an employee) unless— |
( a ) the deduction (or payment) is required or authorised to be made by virtue of any statute or any instrument made under statute, |
( b ) the deduction (or payment) is required or authorised to be made by virtue of a term of the employee's contract of employment included in the contract before, and in force at the time of, the deduction or payment, or |
( c ) in the case of a deduction, the employee has given his prior consent in writing to it. |
Section 5 (6) of the Act provides:
(6) Where— |
( a ) the total amount of any wages that are paid on any occasion by an employer to an employee is less than the total amount of wages that is properly payable by him to the employee on that occasion (after making any deductions therefrom that fall to be made and are in accordance with this Act), or |
( b ) none of the wages that are properly payable to an employee by an employer on any occasion (after making any such deductions as aforesaid) are paid to the employee, |
then, except in so far as the deficiency or non-payment is attributable to an error of computation, the amount of the deficiency or non-payment shall be treated as a deduction made by the employer from the wages of the employee on the occasion. |
Section 19 of the Organisation of Working Time Act 1997 provides for a minimum of 4 weeks paid annual leave.
I find the complaint to be well founded and I require the Respondent to pay to the Complainant the sums of €4,300 being wages properly payable and €4,000 being compensation for 4 weeks annual leave. The total sum is €8,300.
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.
CA-00067039-001 Terms of Employment (Information) Act 1994
Based on the reasons cited, I have decided that the complaint is well founded and I require the Respondent to pay to the Complainant the sum of €2,000 compensation.
CA-00067039-002 Payment of Wages Act 1991
Based on the reasons cited, I have decided that the complaint is well founded and I require the Respondent to pay to the Complainant the sums of €4,300 being wages properly payable and €4,000 being compensation for 4 weeks annual leave. The total sum is €8,300.
Dated: 28th of January 2025
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Key Words:
Terms of Employment (Information) Act, Payment of Wages Act, complaints well founded. |