ADJUDICATION OFFICER DECISION

Adjudication Reference:  ADJ-00055493

Parties:

Complaint:

Date of Adjudication Hearing:  18/02/2025

Workplace Relations Commission Adjudication Officer:  Gaye Cunningham

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and/or Section 6 of the Payment of Wages Act 1991,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.  The matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and S.I. 359/2020, which designated the WRC as a body empowered to hold remote hearings.

Background:

The complaint is that the Respondent failed to pay wages and payment for annual leave due on cessation of employment.

 Summary of Complainant’s Case:

The Complainant was employed by the Respondent from 7 July 2023 until 18 May 2024 when she left her employment due to non-payment of wages.

She stated that her wages ceased in January 2024 without explanation.  She continued to work her shifts until 18 May 2024 when she could no longer continue to work without pay.  Between January and May 2024, she continually made requests to the Respondent for payment of wages, and she received some payments.

Her gross pay for January to May 2024 was €3,752.62 (net: €3,698.63). 

She only received three payments: -

€381.10 on 25th March (bank transfer)

- €1,000 on 7th April (cash)

- €245.30 on 1st July (bank transfer)

This totals €1,626.40, leaving €2,072.23 still owed.

The last payroll entry on her Revenue account was on 5th September 2024. While her pay receipts were uploaded to Revenue, she did not receive the money. Statements and documents provided. 

She worked 153.45 hours between January and May 2024 and did not receive annual leave payment at the end of her employment.

Summary of Respondent’s Case:

Notification of the complaint was sent by post to the Respondent on 26 November 2024. Correspondence was sent to the Respondent to the Irish address and also to a U.K. address provided by the Complainant.  The Respondent did not provide any response and did not attend the hearing.

Findings and Conclusions:

I find that there were a number of attempts to provide the Respondent with notifications in this case and there was no attendance at the hearing by him or a representative.   Based on the uncontested information given by the Complainant, I find that wages properly payable in the amount of €2,072.23 and payment for annual leave in the amount of €160 were due to the Complainant at the end of her employment.  I make my findings on the payment for annual leave on the basis of 8% of hours worked as per Section 19 of the Organisation of Working Time Act 1997.

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.

Section 6 of the Payment of Wages Act 1991 requires that I make a decision in relation to redress provided under that section of the Act.

Based on the reasons above, I have decided that the complaint is well founded and I require the Respondent to pay to the Complainant the sum of €2,232.23.

Dated:   8th April 2025.

Workplace Relations Commission Adjudication Officer:  Gaye Cunningham

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