ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00001599
Complaint for Resolution:
Complaint Reference No.
Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991
25th January 2016
Date of Adjudication Hearing: 3rd May 2016
Workplace Relations Commission Adjudication Officer: Kevin Baneham
On the 25th January 2016, the complainant referred a complaint to the Workplace Relations Commission pursuant to the Payment of Wages Act. The complaint was scheduled for adjudication on the 3rd May 2016. At the time the adjudication was scheduled to commence, it became apparent that there was no appearance by or on behalf of the respondent. I verified that the respondent was on notice of the adjudication. I also waited for some time to accommodate any late arrival. When there was still no appearance by or on behalf of the respondent, I proceeded with the adjudication in the absence of the respondent. The complainant attended in person.
In accordance with Section 41(4) 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.
Complainant’s Submission and Presentation:
The complainant worked as a technical support analyst with the respondent. His employment commenced on the 7th October 2014 and came to an end on the 30th October 2015. He had been paid €10 per hour and initially worked a 40-hour week. This was later reduced to 20 hours.
The complainant outlines that while he received the following pay slips in the period between August and October 2015 (€1,293.82 (25/08/15), €907.82 (25/09/150, €87.57 (25/10/15) and €349.30 (02/11/15)), the monies stated as paid were not paid to him. The amount of €2,000 was paid to him on the 9th November 2015, leaving him short in the amount of €638.51.
Respondent’s Submission and Presentation:
The respondent did not attend the adjudication and did not make submissions in relation to the complaint.
Findings and reasoning:
The complaint relates to outstanding wages owed to the complainant. He was issued with pay slips for wages earned in the period of August to October 2015, but the monies stated as paid in the pay slips were not remitted to him. He later received payment of €2,000 from the respondent. He is further owed €638.51.
Section 41(4) 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.
Pursuant to this complaint under the Payment of Wages Act, the respondent shall pay to the complainant the amount of €638.51, this being outstanding wages owed to the complainant
Dated: 10th August 2016