Complainant

Respondent

Parties

Rafael Alberto  Gonzalez Gonzalez

Altada Technology Solutions Limited (In Liquidation)

Complainant

Respondent

Anonymised Parties

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Representatives

  Self-represented

 Did not attend

Act

Complaint Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991

CA-00058411-001

21/08/2023

Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991

CA-00058411-002

21/08/2023

The complainant was employed as Marketing Director from 1 November 2021 until 15 August 2022 with the respondent. He is alleging breaches of the Payment of Wages Act.

The complainant gave evidence stating that there were deductions made to his wages in July and August 2022 which were not agreed. The complainant provided copies of his payslips and bank statements in order to substantiate his complaint.

The complainant states that there was an underpayment of wages in July of €4748.63 and an underpayment in August in the amount of €1109.78.

The complainant further states that he was not provided with his correct holiday pay entitlement. In this regard, he states that he has an entitlement to 25 days per year which resulted in 15.6 days up to 15 August. He states that he had taken 13.5 days annual leave with an outstanding balance of 2.05 days at a daily rate of €480.77. The complainant states that he is owed €984.59 in holiday pay.    

There was no appearance by or on behalf of the company or liquidator.

The Relevant Law

The Payment of Wages Act 1991 (hereinafter referred to as “the 1991 Act”) provides the following definition of “wages” at section 1:

"wages", in relation to an employee, means any sums payable to the employee by the employer in connection with his employment, including—

(a) any fee, bonus or commission, or any holiday, sick or maternity pay, or any other emolument, referable to his employment, whether payable under his contract of employment or otherwise, and

(b) any sum payable to the employee upon the termination by the employer of his contract of employment without his having given to the employee the appropriate prior notice of the termination, being a sum paid in lieu of the giving of such notice:

The above definition includes pay and holiday pay.

Sections 5(1) and 5(6) of the 1991 Act provides:

5(1) An employer shall not make a deduction from the wages of an employee (or receive any payment from an employee) unless—

(a) the deduction (or payment) is required or authorised to be made by virtue of any statute or any instrument made under statute,

(b) the deduction (or payment) is required or authorised to be made by virtue of a term of the employee's contract of employment included in the contract before, and in force at the time of, the deduction or payment, or

(c) in the case of a deduction, the employee has given his prior consent in writing to it.

(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.

It is evident from the above sections that where wages are properly payable the failure of an employer to pay such wages is an unlawful deduction.

I found the complainant to be a credible witness. He gave evidence that in July 2022 he was subjected to a unilateral pay cut. The complainant states that there was an underpayment of wages in July of €4748.63 and an underpayment in August in the amount of €1109.78. The complainant further states that he is owed €984.59 in holiday pay.   

Having regard to his uncontested evidence I find that the sum of €5,858.40 in respect of pay and €984.59 in respect of holiday pay, was properly payable to the complainant and was unlawfully deducted from his wages. I therefore find that the within complaints are well founded.

I find that the within complaints are well-founded. I direct the respondent to pay the complainant the sum of €5,858.40 in respect of pay and €984.59 in respect of holiday pay.

Payment of Wages Act, holiday pay