PWD2239

1. Appeal Of Adjudication Officer Decision No(s) ADJ-00033575, CA-00044326-001

BACKGROUND:

2. The Worker appealed the decision of an Adjudication Officer under Section 7(1) of the Payment of Wages Act, 1991 on 4 June 2022. The appeal was heard by the Labour Court on 19 August 2022. The following is the Court's Determination:-



DETERMINATION :

Determination

This is an appeal against Adjudication Officer’s Decision ADJ-00033575 given under the Payment of Wages Act 1991(the Act). The Adjudication Officer found the complaint was not well founded.

Background

The Complainant submitted a complaint to the WRC on the 25^th May 2021 claiming that he did not receive the correct amount of commission. In line with the Act the cognisable period for the complaint is 26^th November 2020 to 25^th May 2021. The Complainant submitted that on the 26^th July 2021 he received commission of €4,125 and he believed he should have received €8,000.

The Respondent submitted that commission in line with the Respondent’s policy on commission had been paid to the Complainant on that date. The Respondent in their written submission also submitted that the date the Complainant was alleging that a breach occurred was after he had submitted his complaint to the WRC and was outside of the cognisable period.

Decision

The Court having considered the submissions before it finds there is no alleged breach during the cognisable period and therefore the complaint must fail.

The Complainant’s appeal fails. The Adjudication Officer’s decision is upheld

The Court so determines.

	Signed on behalf of the Labour Court
	Louise O'Donnell
DC	______________________
31 August 2022	Deputy Chairman