ADJUDICATION OFFICER DECISION.
Adjudication Reference: ADJ-00054163
Parties:
| Complainant | Respondent |
Parties | Taiwo Ogunyinka | BGS Security Limited |
| Complainant | Respondent |
Representatives | Self-Represented | Non-Appearance. |
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-00066014-001 | 16/09/2024 |
Date of Adjudication Hearing: 27/11/2024
Workplace Relations Commission Adjudication Officer: Michael McEntee
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 6 of the Payment of Wages Act, 1991 following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
In deference to the Supreme Court ruling, Zalewski v Ireland and the WRC [2021] IESC 24 on the 6th of April 2021 the Parties were informed in advance that the Hearing would normally be in Public, Testimony under Oath or Affirmation would be required and full cross examination of all witnesses would be provided for.
The required Oath / Affirmation was administered to all witnesses present. The legal peril of committing Perjury was explained to all parties.
No issue regarding confidentiality arose.
Background:
The issue in contention concerns a Security Guard employed by the Respondent company from 17th June 2024 to the 28th July 2024. Arrears of wages were not paid amounting to 89.1 hours at the then prevailing ERO Rate (pre 1st t July 2024 ERO Revision) of €14:00 = €1,247.40 The complainant stated that he had not attended for work from the 1st July 2024 as he was not being paid.
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1: Summary of Complainant’s Case:
The Complainant stated that he had worked from the 17th June to the 30 June 2024 as a Security Officer for the Respondent. He had received no payment. He had sought to contact the Respondent regarding the issue but to no avail. Arrears of wages amounting to 89.1 hours at the then prevailing ERO Rate (pre-1st July 2024 ERO Revision) of €14:00 = €1,247.40 were sought.
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2: Summary of Respondent’s Case:
The Respondent did not attend the Hearing. The Adjudicator was satisfied that proper notice of the date, time and place of the Hearing had been properly served. No explanation was forthcoming post the Hearing date as to the reasons for the non-attendance, |
3: Findings and Conclusions:
The Evidence of the Complainant was given under sworn Oath /Affirmation. The Adjudicator was satisfied that the work described had actually taken place. Accordingly, under Section 6 of the Payment of Wages Act, 1991 the complaint is deemed Well Founded. |
4: Decision:
Section 41 of the Workplace Relations Act 2015 and Section 6 of the Payment of Wages Act, 1991 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions of the cited Acts.
4:1 CA-00066014-001
The Complaint is deemed Well Founded.
Under Section 6 of the Payment of Wages Act,1991 it is directed that the sum of € 1,247.40 be paid to the Complainant withing 6 (six) weeks of the publication of this Adjudication decision.
Dated: 11th March 2025
Workplace Relations Commission Adjudication Officer: Michael McEntee
Key Words:
Unpaid Wages, Payment of Wages Act,1991 |