ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00055010
Parties:
| Complainant | Respondent |
Parties | Thomas Paredes | Karen's Dinner Ireland |
Representatives | Self | No Appearance |
Complaint(s):
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-00067043-001 | 30/10/2024 |
Date of Adjudication Hearing: 31/01/2025 and 28/03/2025
Workplace Relations Commission Adjudication Officer: Niamh O'Carroll
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 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.
Background:
The Complainant states that in breach of his contract the Respondent failed to pay him the service charges due to him.
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Summary of Complainant’s Case:
The Complainant commenced working for the Respondent on the 02.02.2024. He commenced on the floor, serving tables, on the 23.02.2024. His contract stated “All tips/gratuities and service charges received throughout the shift will be collected and shared in a fair and equitable manner agreed with the employees/ equally amongst all working staff”. The Complainant never received any of the service charges that were guaranteed in his contract. He was informed at the commencement of his employment that he could expect approximately €100 per week from the service charge. |
Summary of Respondent’s Case:
There was no appearance for or on behalf of the Respondent. The matter was previously listed in January 2025. On that occasion the Respondent appeared and asked that the file be sent to him because he hadn’t received any documentation in relation to the claim. He also consented to the documents being sent by email. That was done following the hearing. From the information on the case file, I am satisfied that the Respondent was on notice of the date, time and venue for the hearing today. |
Findings and Conclusions:
The Complainant’s contract of employment clearly and unambiguously states that he is entitled to a fair and equitable proportion of the tips and service charges. “All tips/gratuities and service charges received throughout the shift will be collected and shared in a fair and equitable manner agreed with the employees/ equally amongst all working staff”. He gave evidence that he never received anything from the Respondent. He has no way of calculating exactly what is due to him, but he is willing to accept the Respondent’s estimate of €100 per week. He commenced working of the floor on the 23.02.2024 and his employment ceased on the 08.06.2024. That is 15 weeks and two days. That amounts to €1,520.00. The complaint is well founded and I award the Complainant € 1,520.00
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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.
The Complaint is well founded. I award the Complainant € 1,520.00. |
Dated: 28th March 2025.
Workplace Relations Commission Adjudication Officer: Niamh O'Carroll
Key Words:
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