ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00051096
Parties:
| Complainant | Respondent |
Parties | Jose Kattan | Red Brick Restaurant Ltd |
Representatives |
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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-00062711-001 | 10/04/2024 |
Date of Adjudication Hearing: 26/06/2024
Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 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.
Background:
The Complainant worked as a Waiter for the Respondent from 25th February 2023. |
Summary of Complainant’s Case:
The Complainant was not paid wages owed on 1st October 2023. The outstanding amount for two weeks is 966.60 euro. The Complainant did not receive a final payslip when the restaurant closed. Holidays were unpaid and he did not receive any notice of termination of employment. |
Summary of Respondent’s Case:
The Company was forced to close the restaurant. The Respondents accepts the wages and holidays are owed and were not paid to the Complainant. |
Findings and Conclusions:
I heard and considered the submissions of the parties in relation to the complaint. The Complainant complains of a breach of S5 of the Payment of Wages Act 1991. He has submitted bank statements showing payments received, there is a shortfall of two weeks wages unpaid. It is accepted he is owed holiday pay of 870.00 euro. He was not paid one week’s notice of termination of 483.30 euro in accordance with the provisions of the Minimum Notice and Terms of Employment Act 1973. I find the complaint is well founded and direct payment of 966.60 euro gross arrears of wages, 870.00 euro gross holiday pay, and one week’s notice of 483.30 gross to the Complainant by the Respondent pursuant to S6 of the Payment of Wages Act 1991. In addition, I award compensation of one week’s net pay to the Complainant by the Respondent in respect of the breach of the Act. |
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.
The complaint is well founded. I direct payment of 966.60 euro gross arrears of wages, 870 euro gross holiday pay, and one week’s notice of 483.30 gross to the Complainant by the Respondent pursuant to S6 of the Payment of Wages Act 1991. In addition, I award compensation of one week’s net pay to the Complainant by the Respondent in respect of the breach of the Act. |
Dated: 9th April 2025
Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll
Key Words:
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