ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00055916

Parties:

	Complainant	Respondent
Parties	Maria Alina Nemes	Coffey Healthcare

Representatives

In person

Did not attend.

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-00068128-001	16/12/2024

Date of Adjudication Hearing: 21/03/2025

Workplace Relations Commission Adjudication Officer: Jim Dolan

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 was employed by the respondent as an area sales manager. Employment commenced on 25th September 2023 and ended on 6th October 2024.

This complaint was received by the Workplace Relations Commission on 16th December 2024.

Summary of Complainant’s Case:

The complainant contends that the final payment she received from the respondent did not contain the contractual commission payment that was a part of her total remuneration.

When the complainant queried this with her former employer (the respondent) she was informed it was not company policy to pay commission to people who had left employment. The complainant asked which policy they were referring to. She received no reply to this question.

By her own calculation the complainant believes the commission amount in question was €2,400.

The complainant presented a copy of her job offer letter and her contract of employment at the hearing of the complaint.

Summary of Respondent’s Case:

By letter dated 26th February 2025 the respondent was notified of the forthcoming hearing for this complaint. Said letter contained information on the date, time and venue for this hearing.

There was no appearance by or on behalf of the respondent.

I am satisfied that the respondent received proper notice of the hearing.

Findings and Conclusions:

I accept the complainant’s version of events and decide that that the complaint as presented is well found.

I now order the respondent to pay the gross sum of €2,400 to the complainant in unpaid commission.

This gross amount should be paid within 42 days from the date of this decision.

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.

I accept the complainant’s version of events and decide that that the complaint as presented is well found.

I now order the respondent to pay the gross sum of €2,400 to the complainant in unpaid commission.

This gross amount should be paid within 42 days from the date of this decision.

Dated: 26th March 2025

Workplace Relations Commission Adjudication Officer: Jim Dolan

Key Words:

Payment of Wages Act 1991.