ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00008496
Parties:
| Complainant | Respondent |
Anonymised Parties | A Worker | Warehouse Company |
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-00008592-001 | 05/12/2016 |
Date of Adjudication Hearing: 09/08/2017
Workplace Relations Commission Adjudication Officer: Emer O'Shea
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and/or the Payment of Wages Act 1991following 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 Case:
The claimant was employed as a customer services representative with the respondent from the 7th.Jan 2016 to the 28th.Feb. 2016.The claimant submitted the respondent was in breach of the Payment of Wages Act 1991 for failing to pay him any wages during the course of his employment. He submitted that he was on the national minimum wage and that he was owed for 136 hour in January at the basic rate and 64 hours at the overtime rate of €13.72 per hour. He was owed 88 basic hours for work done in February 2016.In total he was owed €2,927.68 in outstanding wages. |
Summary of Respondent’s Case:
The respondent did not attend and was not represented 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 claimant explained that his case was being dealt with by Insolvency Ireland who had indicated to him that they could process his outstanding wages. The claimant’s complaint was received on the 5th.Dec.2016.The claimant submitted that he was only advised in September 2016 that he would have to process his complaint through the WRC. In the circumstances I am satisfied that there was reasonable cause for the delay in making the complaint. On the basis of the uncontested evidence of the claimant I am satisfied that the complaint is well founded and I require the respondent to pay the claimant €2,927.68 compensation within 42 days of the date of this decision. |
Dated: 4th December 2017
Workplace Relations Commission Adjudication Officer: Emer O'Shea