ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00007289
Parties:
|
|
Complainant |
Respondent |
|
Anonymised Parties |
A Driver |
A Haulage Contractor |
|
Representatives |
Self-Represented |
Did not attend. |
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-00009243-001 |
23/01/2017 |
Date of Adjudication Hearing: 04/09/2017
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:
|
The Complainant was employed as a delivery driver by the Respondent from the 1st of June to the 15th June 2016. It was agreed that the rate of pay would be €10:00 per hour. The Complainant alleged that he worked 120 hours in the period giving a wage of €1,200. He has not been paid. Additionally he alleged that he was due €96:00 for outstanding Holiday Pay. |
2: Summary of Respondent’s Case:
|
The Respondent did not attend the hearing and no evidence was submitted. |
3: Findings and Conclusions:
|
The Complainant is a foreign national. No documents were ever exchanged regarding the employment. The Complainant has accordingly very little objective proof. However having listened to his oral evidence and questioned him at length I came to the view that he was being genuine and truthful. As regards the initial claim being out of time ( 6 months) I was prepared to allow it proceed as the Complainant had great difficulty establishing the address of the Respondent and had initial language difficulties. Accordingly I award the Complainant the sum of €1,200 in lieu of unpaid wages and €96 in lieu of Holiday pay. Both figures are taxable. |
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 under the Redress provisions of both cited Acts.
|
Act |
Complaint/Dispute Reference No. |
Summary Decision / Refer to Section 3 above for detailed reasoning. |
|
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 |
CA-00009243-001 |
Claim is well founded. An Award in favour of the Complainant of €1,200 in lieu of wages unpaid and €96 in lieu of Holidays is made. |
Dated: 15th November 2017
Workplace Relations Commission Adjudication Officer: Michael McEntee
Key Words: