ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00009109
| Complainant | Respondent |
Anonymised Parties | An employee | An employer |
Representatives | Marius Marosan | Did not attend hearing. |
Complaint(s):
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-00011949-001 | 16/06/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00011949-002 | 16/06/2017 |
Date of Adjudication Hearing: 05/10/2017
Workplace Relations Commission Adjudication Officer: Jim Dolan
Procedure:
The hearing of this matter was arranged to take place on Thursday 5th October 2017 at 9.00am in the offices of the Workplace Relations Commission (WRC), Lansdowne Road, Dublin 4. The complainant attended on time. The respondent did not attend the hearing. Correspondence issued to the respondent outlining the date, venue and time of the hearing some six weeks in advance of the hearing date. On the day of the hearing attempts were made to contact the respondent and after one unsuccessful attempt, a second attempt was successful. During this call the respondent informed the caller that Dynamic Ceilings and Partitions Limited had ceased trading and no one would be attending the WRC.
In accordance with Section 41 of the Workplace Relations Act, 2015 Industrial Relations Acts 1969] 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).
Background:
The complainant worked for two weeks with the respondent (11/04/2017 to 25/04/2017). The complainant alleges that he did not receive the wages due to him. |
Summary of Complainant’s Case:
The complainant worked from 11/04/2017 to 25/04/2017 and received a sum of €1,000 from the respondent. This leaves a balance of €650 due to the complainant. The complainant has contacted the respondent on more than one occasion in relation to the balance and despite promises being made that he would be paid he has not received his payment of €650. The second complaint being made under the Organisation of Working Time Act 1997 relates to holiday entitlement accrued / due for his two weeks work.
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Summary of Respondent’s Case:
The respondent was not in attendance and therefore no responses to the complaints were heard. |
Findings and Conclusions:
The complainant has presented uncorroborated figures, I accept these figures. The complainant has not received the payment due to him nor has he received holiday entitlement due. |
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 respondent should pay the complainant the sum of €650 due to him for unpaid wages and holiday entitlement calculated at 8% of time worked during his employment. Such payments to be made within 42 days of the date of this decision.
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Dated: 20th November 2017
Workplace Relations Commission Adjudication Officer: Jim Dolan
Key Words:
Payment of wages, holiday entitlement. |