ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00007957
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-00010577-001 |
31/03/2017 |
Date of Adjudication Hearing: 17/01/2018
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 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).
Summary of Complainant’s Case:
|
The claimant submitted the respondent was in breach of the Act for unlawfully deducting 10% from his pay from May 2011 and that the respondent continued to this date with this breach of the Act.He submitted his current claim covered unlawful deductions for the six month period prior to the 31st.March 2017.It was submitted that the principles at issue had already been upheld by the Rights Commissioner service and the EAT .The determination of the EAT had been judicially reviewed by the High Court who returned the matter to the EAT for fresh adjudication.The EAT hearing took place on the 11th.and 13th.July 2017 and a decision upholding the Rights Commission’s original finding issued on the 15th.September. 2017. |
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.
|
On the basis of the uncontested evidence of the claimant and the determination of the EAT on hearing no 58041, I uphold the complaint and require the respondent to pay the claimant the outstanding loss for a six month period prior to the 31st.March 2017 – the date of receipt of the current claim by the WRC. |
Dated: 17/05/2018
Workplace Relations Commission Adjudication Officer: Emer O'Shea