ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00003455
Complaint(s)/Dispute(s) for Resolution:
Act | 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 | CA-00004994-001 | 02/06/2016 |
Date of Adjudication Hearing: 24/10/2016
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
Attendance at Hearing:
By | Complainant | Respondent |
Parties | A Chef | A Hotel |
Complainant’s Submission and Presentation:
The Complainant was an employee of the Respondent for one month from November 6th to December 7th. He has worked a total of 122 hours for your hotel and is not being paid. The agreed figure to be paid was €12 per hour net which is a total of €1464. Numerous complaints were made to the employer. The Complainants Solicitors requested payment on the 16th December 2015 and no payment has been paid. |
Respondent’s Submission and Presentation:
The Respondent was not present at the Hearing.
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
The Complainant worked 122 hours at an agreed rate of 12 Euro per hour and was not paid for this work and is due, under Section 5 of the Payment of Wages Act 1991, an amount of 1,464 Euros that was properly payable to him under Section 5.6 of the Act to be paid within four weeks of todays date. I find the Complainants case well founded and award him 1,464 Euros to be paid within 4 weeks of todays date.
Dated: 16th December 2016