ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00000661
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-00000910-001 | 17/11/2015 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00000910-002 | 17/11/2015 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00000952-001 | 19/11/2015 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00000952-002 | 19/11/2015 |
Date of Adjudication Hearing: 29/03/2016
Workplace Relations Commission Adjudication Officer: Michael Hayes
Procedure:
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(s) 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 submits that he worked for the respondent in the period 8th of November 2005 until 25th of September 2015. He was paid €460 net per week and was not provided with payment advice slips and was often left waiting for his wages. He submits that the respondent failed to pay wages properly payable in the operative period of complaint in the amount of €3,220 and that he further failed to pay accrued annual leave on cessation in the amount of €920 net.
It is acknowledged that the respondent paid the claimant €4,446.16 net in unpaid wages at December 2015 but that this payment was in reference to an earlier period of non-payment.
Decision:
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) in accordance with the relevant redress provisions.
The actual complaints being decided in this case are those referenced at CA-00000910-001 and CA-00000910-002 which are duplicated above. The cognisable period of complaint is from 18th of May 2015 until the 17th of November 2015.
Based on the uncontested evidence adduced at hearing I find that the complaint is well founded and hereby require that the respondent pay the claimant €4,140 (say four thousand one hundred and forty euro) net in compensation for breach of the Act.
Dated: 7th July 2016
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