ADJUDICATION OFFICER DECISION

Adjudication Reference:  ADJ-00062447

Parties:

Complaint:

Date of Adjudication Hearing:  16/04/2026

Workplace Relations Commission Adjudication Officer:  Gaye Cunningham

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. This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act, 2020 and S.I. 359 of 2020, which designates the WRC as a body empowered to hold remote hearings.

Background:

The Complainant seeks payment of wages which were not paid to her in 2023 and 2024.

Summary of Complainant’s Case:

The Complainant gave evidence on affirmation.

She said she was employed originally on 17 May 2023 by Owen Tango t/a Grian 52 Sustainable Energy.  She worked remotely in a role of Data Analyst and was to be paid €18 per hour.

During 2023 and 2024 she was not paid for a total of €3,881.70 which she invoiced to the Respondent.  She made many attempts to have the wages paid and submitted email evidence to show she had pursued the owner of the business during late 2024 to have the wages paid in the mount of €1,440 for 2023 and €2,441.70 for 2024

Summary of Respondent’s Case:

The Respondent was represented by Mr Owen Tango.  He gave evidence by affirmation. He initially stated that the Complainant was employed by him in his capacity as sole trader.  He stated that the Complainant usually worked around 10 hours for €18 per hour.  At the beginning, she worked more than 20 hours.

Findings and Conclusions:

The Respondent Representative Mr Tango appeared to make a point that the Respondent as cited is the incorrect respondent as he initially employed the Complainant when he operated as a sole trader.  However, the Transfer of Regulations would have automatically transferred the Complainant’s employment to the Company as cited as Respondent.  I am satisfied that the correct Respondent has been impleaded in this case.

In relation to the substantive case I find as follows:

The Complainant submitted evidence of invoicing the Respondent for wages owed for the periods 1 January 2024 to 4 December 2024 in the amount of €1,404 for 78 hours and €2,441.70 for 137.65 hours for 2023.

Time limits

Section 41 (6) of the Workplace Relations Act 2015 provides:

“Subject to subsection (8), an adjudication officer shall not entertain a complaint referred to him or her under this section if it has been presented to the Director General after the expiration of the period of 6 months beginning on the date of the contravention to which the complaint relates.

Section 41 (8) provides:

“an adjudication officer may entertain a complaint or dispute to which this section applies presented or referred to the Director General after the period referred to in subsection (6) or (7) (but not later than 6 months after such expiration), as the case may be, if he or she is satisfied that the failure to present the complaint or refer the dispute within that period was due to reasonable cause”.

This complaint was received on 13 August 2025. 

In accordance with the provisions of Section 41(6) of the Act, the cognisable period runs from 14 February 2025, unless saved by Section 41(8) in which case the cognisable period runs from 13 August 2024.

I find that the claim for wages owed during 2023 is completely out of time in accordance with the above cited sections of the Act.

In relation to the period from 13 August 2024, based on the attempts by the Complainant to have her wages paid, I have decided to extend the time.

I find the Complainant is entitled to wages not properly paid in that time and I require the Respondent to pay to the Complainant the sum of €1,404.

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.

For the reasons and findings above, I find the complaint to be in part well founded and I require the Respondent to pay to the Complainant the sum of €1,404 within 6 weeks of the date of this decision

Dated:   18-06-26

Workplace Relations Commission Adjudication Officer:  Gaye Cunningham

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