ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00002608
Complaint for Resolution:
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.
4th April 2016
Date of Adjudication Hearing: 13th July 2016
Workplace Relations Commission Adjudication Officer: Seán Reilly
In accordance with Section 41(4) 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 complaints.
Attendance at Hearing:
A Warehouse Operative
Also present was the Complainant’s father.
The Complainant was submitting that the Respondent had failed to pay him wages properly payable to him in accordance with the provisions of the Act. The Complainant was employed by the Respondent from 18th to 28th December 2015 and his rate of pay was the (then) minimum wage of €8.65c per hour.
Summary of Complainant’s Position:
I was employed by the Respondent at a named address from 18/12/2015 to 28/12/2015. During that time I worked a total of 78 hours. I was issued with a payslip, however I never received payment. I was advised by the Respondent that I would receive payment by 31/01/2016, but no payment has been made to me. I was not also paid any holiday pay by the Respondent. I wrote to the Respondent on 14th March 2016 and sent a copy of the letter to Head Office. To date I have not received any payment. The Respondent has possession of my bank account details and I constantly check my account for payment of outstanding wages.
The Complainant said that he was employed by the Respondent from 18th to 28th December 2015 and that his agreed rate of pay was the (then) minimum wage of €8.65c per hour. The Complainant said he worked a total of 78 hours for the Respondent, which he said entitles him to €674.70c (€8.65 x 78). He said that however he had never been paid any wages or pay whatsoever by the Respondent. The Complainant also said that he had not been paid any accrued holiday by the Respondent. He said that based on 8% of the hours worked he was entitled to 6.24 hours holiday, which in turn multiplied by €8.65c equates with €53.97c. The Complainant said that he was due the total of €728.67c and he sought a decision to that effect.
Summary of Respondent’s Position:
The Respondent was not present or represented and they sent no submissions.
Findings and Decision:
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.
Section 6 of the Payment of Wages Act 1991, requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under the same Section of that Act.
The Respondent was not present or represented at the Hearing and they sent no submissions, accordingly I only have the evidence and the submissions of the Complainant to rely upon in these matters.
Based on the uncontested evidence of the Complainant I find and declare that the complaints are well founded and they are upheld. The total nett amount due to the Complainant is €768.67c and I require the Respondent to pay him that amount within 6 weeks of the date of this decision.
Seán Reilly, Adjudication Officer.
Dated: 8th December 2016