ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00003732
Complaint(s)/Dispute(s) 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
Date of Adjudication Hearing: 27/10/2016
Workplace Relations Commission Adjudication Officer: Michael McEntee
In accordance with Section 41(4) of the Workplace Relations Act, 2015 and or section 6 of the Payment of Wages Act, 1991 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).
Summary of Complainant’s Submission and Presentation:
The Respondent owes me the sum of €3,020 by way of unpaid wages (€ 2,600) + unpaid Annual Leave (€ 420). An expense payment of € 40 for truck fuel is also outstanding. The Respondent signed an undertaking (produced in evidence) to pay these monies. To date he has failed to do so.
Respondent’s Submission and Presentation:
Did not attend and did not provide a submission. I was happy that proper notification had been issued.
Section 41(4) of the Workplace Relations Act 2015 and Section 6 of the Payment of Wages Act 1991 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions of the cited Acts.
Issues for Decision:
Did a breach of the Payment of Wages Act, 1991 take place?
Legislation involved and requirements of legislation:
Payment of Wages Act, 1991
The Complainant produced detailed payroll evidence to substantiate his claim. I studied these closely.
The Respondent by way of letter of the 14 March 2016 accepted these figures (€3020 plus €40 expenses) and undertook to pay same as soon as possible. This original letter was produced in evidence.
To date no payment has been received.
The Complainant’s claim is well founded.
I award the sum of € 3,020 being wages and outstanding holiday pay to the Complainant.
Dated: 16th December 2016