PWD2025

1. Appeal of Adjudication Officer Decision No(S). ADJ-00020505 CA-00027097-001.

BACKGROUND:

2. The Employee appealed the Adjudication Officer's Decision to the Labour Court in accordance with Section 7(1) of the Payment of Wages Act, 1991 on the 11 February 2020. The Court heard the appeal on the 20 August 2020.

DETERMINATION :

This is an appeal by Mr Michael Grady (‘the Complainant’) from a decision of an Adjudication Officer (ADJ-00020505, dated 9 January 2020) under the Payment of Wages Act 1991 (‘the Act’). The Notice of Appeal was received on 11 February 2020. The Court heard the appeal in Dublin on 20 August 2020. The Complainant was a litigant in person. Nobody attended on behalf of Icanix Capital Services Limited (‘the Respondent’) although the Court received a one-page written submission from Mr John Lynam outlining the Respondent’s position.

Claim

The Complainant submits that he was underpaid for approximately eighteen weeks while employed by the Respondent between mid-June 2018 and late September 2018.

Mr Lynam, in his written submission to the Court, states:

• “Michael Grady contacted me asking for a job. I told him I needed a labourer. He informed me that he wanted €650 per week after tax, we agreed this.”

Decision

Having considered the Respondent’s one-page written submission and Mr Lynam’s clear statement therein of the terms under which he contracted with the Complainant, the Court finds that the payslips furnished by the Respondent to the Complainant are evidence that the Complainant was not paid his contractually agreed rate. It follows that there was an underpayment of €235.00 per week in his wages for each of the eighteen weeks of his employment.

The Court, therefore, awards the Complainant €4,230.00 by way of compensation in respect of the aforementioned underpayments.

The Court so determines.

	Signed on behalf of the Labour Court
	Alan Haugh
TH	______________________
30 August 2020	Deputy Chairman