ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00052663
Parties:
| Complainant | Respondent |
Parties | Sergiu Dima | Reservice Supplies Limited |
Representatives | self | No show |
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-00064571-001 | 04/07/2024 |
Date of Adjudication Hearing: 16/04/2025
Workplace Relations Commission Adjudication Officer: Brian Dalton
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaint(s) to me by the Director General, I inquired into the complaint(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s).
Background:
The Complainant was employed as a painter with Respondent.
He has submitted two wage slips that show he was to be paid net of statutory deductions the following:
1. €1860.28 net on the 28th of June 2024. 2. €1733.55 net on the 14th of June 2024.
The Pay Slips clearly show that the Respondent is Reservice Supplies Limited.
The CRO details that the registered address for this company is:
7 Round Garden, Garters Lane, Saggart, Dublin, Dublin, D24 , Ireland
Notice of the hearing was posted to that address:
26 February 2025 Adjudication File Ref: ADJ-00052663 Complaint Ref: CA-00064571 Andrei Stserbakov Reservice Supplies Limited 7 Round Garden Garter Lane Saggart Dublin 24 D18 EA32 Private and Confidential Complaint(s)/Dispute(s) by Sergiu Dima / Reservice Supplies Limited
DearAndrei Stserbakov
I refer to previous correspondence in relation to the above complaint / dispute presented to the Workplace Relations Commission (WRC) for adjudication. An Adjudication Officer will now hear this case. Please read and note the following information carefully Information in relation to the conduct of Hearings and the redress which can be granted by Adjudication Officers is available at www.workplacerelations.ie. Notification of Hearing The following are the arrangements for the Hearing of the above case: *Interpreter arrangements – Important If you require an interpreter please confirm your requirements, including the requested language, to adjinterpreters@workplacerelations.ie within five days of this Hearing Letter.
The Complainant has given sworn evidence that the payments were never received by him and are properly payable. |
Summary of Complainant’s Case:
The Complainant was employed as a painter with the Respondent.
He has submitted two wage slips that show he was to be paid net of statutory deductions the following:
1. €1860.28 net on the 28th of June 2024. 2. €1733.55 net on the 14th of June 2024.
The Complainant has given sworn evidence that they are properly payable. |
Summary of Respondent’s Case:
The Respondent failed to attend at the hearing. |
Findings and Conclusions:
The Complainant has provided payslips detailing net wages due and not paid. I find the sworn evidence credible and convincing. The Respondent has been provided with an opportunity to attend and present their case and has failed to attend. I note that section 5(6) of the Act states: (6) Where— (a) the total amount of any wages that are paid on any occasion by an employer to an employee is less than the total amount of wages that is properly payable by him to the employee on that occasion (after making any deductions therefrom that fall to be made and are in accordance with this Act), or (b) none of the wages that are properly payable to an employee by an employer on any occasion (after making any such deductions as aforesaid) are paid to the employee, then, except in so far as the deficiency or non-payment is attributable to an error of computation, the amount of the deficiency or non-payment shall be treated as a deduction made by the employer from the wages of the employee on the occasion. I find that the following payments were properly payable, and the employer has failed to pay these payments: 1. €1860.28 net properly payable on the 28th of June 2024 and failed to be paid. 2. €1733.55 net on the 14th of June 2024 properly payable and failed to be paid.
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Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
The Act provides redress as follows: 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 complaint is well founded: I direct the Respondent to pay compensation as follows: 1. €1860.28 net properly payable on the 28th of June 2024 and failed to be paid. 2. €1733.55 net on the 14th of June 2024 properly payable and failed to be paid.
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Dated: 28TH April 2025
Workplace Relations Commission Adjudication Officer: Brian Dalton
Key Words:
Deductions |