ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00045400
Parties:
| Complainant | Respondent |
Parties | Dumitru Viorel Lipovanu | Chapter8 Traffic Management Ltd Roads & Contruction |
Representatives | Self-represented | Non-attendance |
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-00056238-001 | 21/04/2023 |
Date of Adjudication Hearing: 11/10/2023
Workplace Relations Commission Adjudication Officer: Conor Stokes
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015following 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.
Background:
This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act, 2020 and S.I. No. 359/2020 which designates the WRC as a body empowered to hold remote hearings. The complainant gave his evidence under affirmation with the assistance of an interpreter provided by the WRC. The respondent did not attend the hearing of this matter. I am satisfied that the respondent was on notice of the details of the hearing and following a short pause of 15 minutes to enable the respondent to show for the hearing, it proceeded in their absence. |
Summary of Complainant’s Case:
The complainant submitted that the respondent owed him outstanding wages of €968.13. He submitted correspondence from the respondent at the hearing outlining a breakdown of what he was originally owed and what it paid him up to January 2023 when it ceased paying him the balance. The complainant gave testimony in support of his contention that he was not paid his appropriate wage, regarding the amount paid over to him and the outstanding balance. |
Summary of Respondent’s Case:
The respondent did not attend the hearing of this matter. |
Findings and Conclusions:
Section 6(1) of the Payment of Wages Act states that 6. (1) A decision of an adjudication officer under section 41 of the Workplace Relations Act 2015, in relation to a complaint of a contravention of section 4C or 5 as respects a deduction made by an employer from the wages or tips or gratuities of an employee or the receipt from an employee by an employer of a payment, that the complaint is, in whole or in part, well founded as respects the deduction or payment shall include a direction to the employer to pay to the employee compensation of such amount (if any) as he considers reasonable in the circumstances not exceeding— (a) the net amount of the wages, or tip or gratuity as the case may be (after the making of any lawful deduction therefrom) that— (i) in case the complaint related to a deduction, would have been paid to the employee in respect of the week immediately preceding the date of the deduction if the deduction had not been made, or (ii) in case the complaint related to a payment, were paid to the employee in respect of the week immediately preceding the date of payment, or (b) if the amount of the deduction or payment is greater than the amount referred to in paragraph (a), twice the former amount. The complainant provided written proof of the wages due to him and of the amount outstanding. Having regard to this and the oral submissions of the complainant, I am satisfied that this complaint is well founded. I find that the Act was contravened, and I direct the respondent to pay the complainant compensation of €968.13. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
Having regard to all the written and oral evidence presented in relation to this matter, my decision is that the Act was contravened, and I direct the respondent to pay the complainant compensation of €968.13. |
Dated: 12-10-2023
Workplace Relations Commission Adjudication Officer: Conor Stokes
Key Words:
Payment of Wages – contravention – payment of compensation awarded. |
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