ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00035773
Parties:
| Complainant | Respondent |
Parties | Ian Walsh | Cge Electrical Ltd |
Representatives | Self Represented | Thomas Barron |
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-00046949-001 | 02/11/2021 |
Date of Adjudication Hearing: December 2nd 2022
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Procedure:
In accordance with Section 41 of the Workplace Relations Act, following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and SI 359/20206, which designates the WRC as a body empowered to hold remote hearings. In deference to the Supreme Court ruling, Zalewski v Ireland and the WRC [2021] IESC 24 on the 6th of April 2021 the Parties were informed in advance that the Hearing would be in Public, Testimony under Oath or Affirmation would be required and full cross examination of all witnesses would be provided for. The Hearing too place completely in public and the required Affirmation / Oath was administered to all witnesses. The legal perils of committing Perjury were explained to all parties. Full cross examination of Witnesses was allowed. Post Hearing correspondence took place.
Background:
The Complainant submitted a complaint for unpaid wages amounting to 3389.35 Euros and consisting of 1928.95 Euros unpaid wages and 1460.40 Euros unpaid holidays. A Director of the Respondent attended the Hearing and confirmed the payment was due but advised the company had ceased trading. |
Summary of Complainant’s Case:
The Complainant was employed as an Electrical Supervisor from June 14hh 2021 to September 10th 2021. He submitted a complaint to the WRC on November 2nd 2021 that he had not received payment due of 1928.95 wages and 1460.40 holiday pay when he terminated his employment with the Respondent due to not being paid on time on a number of occasions. |
Summary of Respondent’s Case:
The Respondent representative advised the payments sought were due to be paid but the company had ceased trading but were still registered to operate. He advised he would discuss who should make the payment due with his Accountant. |
Findings and Conclusions:
The Parties agreed that the amounts sought were properly payable but the Director of the Respondent advised that the Respondent had ceased trading. The parties entered into a discussion at the Hearing between them about who was liable for the unpaid wages and the Respondent representative agreed the amounts would be paid within two weeks by someone acting on behalf of the Respondent or the Director in a personal capacity following consultation with the Respondents accountant. The parties agreed two weeks for the payment to be made to the Complainant. The parties were advised by the Adjudicating officer that a decision would issue on the complaint in the event the payment was not made. After the two week period had elapsed the Complainant confirmed in writing to the WRC that the amount due had not been paid by the agreed date and requested a decision on the complaint. The Respondent was advised of this communication and that a decision would now be issued on the complaint. No reply was received from the Respondent to this communication. |
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.
I find the complaint well founded and award the Complainant 3389.35 Euros. |
Dated: 3rd March 2023
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Key Words:
Unpaid wages |