ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00007204
Parties:
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Complainant |
Respondent |
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Anonymised Parties |
A Building Worker |
A Construction Company |
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Representatives |
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Unrepresented |
Complaint(s):
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Act |
Complaint/Dispute Reference No. |
Date of Receipt |
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Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 |
CA-00009736-001 |
16/02/2017 |
Date of Adjudication Hearing: 12/09/2017
Workplace Relations Commission Adjudication Officer: Michael McEntee
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and 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).
1: Summary of Complainant’s Case:
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(1) In relation to Wages the Complainant maintained that he was due the sum of € 2,924.21 gross in unpaid wages. This was supported by detailed evidence from pay slips and bank statements (2) In relation to notice pay on the termination of his employment he was due, he contented, the value of one week’s pay = €350 gross (3) He alleged that he had not received the correct Holiday Pay. He disputed the Holiday pay figures on his last pay slip. He contended that they were inaccurate and did not reflect the true position regarding his employment. He alleged that the employment start and finish dates on his P45 were also very inaccurate. (4) Accordingly he was claiming 8% of the value of his estimated correct earnings as Holiday Pay - a sum of €1,360 gross. |
2: Summary of Respondent’s Case:
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The Respondent did not appear and presented no evidence either orally or in writing. I was satisfied, to a reasonable degree, that the Respondent had been properly notified at his postal address.
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3: Findings and Conclusions:
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In coming to a decision I was conscious that the Complainant had presented a very well argued and evidentially supported case. He came across as credible. I accepted his version of events. I accordingly make the following awards under Section 6 of the Payment of Wages Act, 1991. A payment of €2,924 gross be made in lieu of a shortfall in Wages. A payment of €350 gross be made in lieu of Notice Pay not paid. A Payment of €1,360 be made in lieu of Holiday Pay. Total award € 4,634 gross pay.
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4: Decision:
Section 41 of the Workplace Relations Act 2015 and Section 6 of the Payment of Wages Act, 1991 require that I make a decision in keeping with the redress provisions of the cited Acts.
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Act |
Complaint/Dispute Reference No. |
Summary Decision / Detailed arguments to be found in Section 3 of this Adjudication. |
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Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 |
CA-00009736-001 |
Claim is well founded . An award of € 4,634 (as detailed above in Section 3 ) is made in favour of the Complainant. |
Dated: 15.11.2017
Workplace Relations Commission Adjudication Officer: Michael McEntee
Key Words:
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