Complainant

Respondent

Parties

Andrew  Nevin

The Roadhouse En Route Limited

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-00066827-001

20/10/2024

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

CA-00066827-003

20/10/2024

The complainant was employed at the respondent company from 20 July 2024 until 29 August 2024 as a kitchen porter. He states that a few weeks into his employment he was not getting paid his correct wages, was not receiving payslips and ended up leaving the employment in late August 2024.

The complainant states that the respondent failed to pay wages due to him. He states that he is owed €490 in outstanding wages. He further states that he was not paid his holiday pay entitlements  and is owed €121.50 in this regard. 

The respondent did not attend.

Section 5 (1) of the Payment of Wages Act 1991 provides-

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

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

(b)   the deduction 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 prior consent in writing to it.

(2) An employer shall not make a deduction from the wages of an employee in respect of—

(a) any act or omission of the employee, or

(b) any goods or services supplied to or provided for the employee by the employer the supply or provision of which is necessary to the employment,

unless—

(i) the deduction is required or authorised to be made by virtue of a term (whether express or implied and, if express, whether oral or in writing) of the contract of employment made between the employer and the employee, and

(ii) the deduction is of an amount that is fair and reasonable having regard to all the circumstances (including the amount of the wages of the employee), and

(iii) before the time of the act or omission or the provision of the goods or services, the employee has been furnished with—

(I) in case the term referred to in subparagraph (i) is in writing, a copy thereof,

(II) in any other case, notice in writing of the existence and effect of the term,

and

(iv) in case the deduction is in respect of an act or omission of the employee, the employee has been furnished, at least one week before the making of the deduction, with particulars in writing of the act or omission and the amount of the deduction,

Having examined the evidence in the within complaint, I find that the complainant has established breaches under the Payment of Wages Act. I found the complainant to be a credible witness. He provided copies of his payslips and relevant Revenue documentation to substantiate his complaint. I find that the within complaints are well-founded. I order the respondent to pay the complainant  €490 in outstanding wages. I further order the respondent to pay the complainant €121.50 in respect of his holiday pay entitlement.

I find that the within complaints are well-founded.

I order the respondent to pay the complainant €490 in outstanding wages. I further order the respondent to pay the complainant €121.50 in respect of his holiday pay entitlement.

Payment of Wages Act