ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00022808
Parties:
| Complainant | Respondent |
Anonymised Parties | A Kitchen Porter | A Restaurant |
Representatives | Self Represented | Self Represented |
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-00029254-001 | 24/06/2019 |
Date of Adjudication Hearing: 01/10/2019
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 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 was seeking unpaid wages and holiday pay. |
Summary of Complainant’s Case:
The Complainant was employed from August 10th 2018 to February 2nd 2019 as a Kitchen Porter. On average he earned 150 Euros per week. The Complainant earned 4,050.46 Euros Wages and was paid 3,182.85 wages leaving a shortfall of 867.61 Euros Wages. He was also not paid 60.07 Euros Holiday Pay when the business ceased trading. |
Summary of Respondent’s Case:
A Director of the Respondent Company attended the Hearing and accepted the claim was due for payment but they had ceased trading and the Company had no funds to pay the Complainant but the Director stated he would make every effort to pay the Complainant in instalments, when he got a job, out of his own funds. |
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.
At the Hearing the Respondent accepted the claim was due for payment and I award the Complainant 927.68 Euros. The Parties discussed instalment payment terms of the above amount at the Hearing but these terms are outside the scope of this Decision and are a matter for the Parties directly. |
Dated: 14th November 2019
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Key Words:
Unpaid Wages |