Complainant

Respondent

Parties

Liubomyr Zvarych

MKM 77 Windows Limited

Representatives

 Represented himself

The respondent did not attend the hearing and was not represented

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-00067999-001

10/12/2024

On August 24th 2023, the complainant commenced employment with the respondent as a labourer.  He left his job on July 11th 2024, because he hadn’t been paid his wages for the previous two weeks.  When he left, he was also due his wages for a third week, arising from the requirement to work “a back week” when he started in August 2023.     

The complainant provided copies of his payslips for every week of his employment from the date he commenced on August 24th 2023.  From this evidence, I have concluded as follows:

2023:  Weeks 35 – 52 – Wages paid were generally for 42.5 hours per week - €652.38

2024:  Weeks 1 – 29 – Wages were for 30 hours per week - €460.50

The final three payslips are dated July 4th, July 11th and July 18th 2024 and they indicate that the complainant was paid €460.50 gross on these dates.  Taking account of deductions for PAYE, PRSI and USC, the payslips show that his net pay was €416.73.  The complainant claims that, although he was issued with payslips, no money was transferred to his bank account and he received no wages.  He also claims that, at the termination of his employment, he got no pay for holidays accrued up to his last day at work.

In advance of the hearing, the complainant provided me with bank statements and payslips which show that the last transfer of wages from the respondent to his bank account was on July 2nd 2024.  Payslips were issued weekly every Thursday, although wages were not always transferred to the complainant’s bank account on the same day.  In 2024, the complainant’s weekly net pay was €416.73, €416.72 or €416.71.  The bank transfers show the following weekly wage transactions between April and July 2024:

Thursday, April 25th.  A payslip was issued.  Wages were transferred on Monday, April 29th. 

Thursday, May 2nd:  A payslip was issued but no wages were transferred.

Thursday, May 9th:  A payslip was issued and wages were transferred on that day. 

Monday, May 13th:  €416.73 was transferred to the complainant. 

Thursday, May 16th:  A payslip was issued but no wages were transferred.

Thursday, May 23rd:  A payslip was issued and wages were transferred on Monday, May 27th  

Thursday, May 30th:  A payslip was issued and wages were transferred on that day. 

Thursday, June 6th:  A payslip was issued and wages were transferred on Friday, June 7th.   

Thursday, June 13th:  A payslip was issued but no wages were transferred.

Thursday, June 20th:  A payslip was issued and wages were transferred on Wednesday, June 26th. 

Thursday, June 27th:  €416.73.  A payslip was issued and wages were transferred on that day. 

Friday, June 28th:  €416.73 was transferred to the complainant. 

Tuesday, July 2nd:  €416.73.  was transferred to the complainant. 

Thursday, July 4th:  A payslip was issued for €416.73, but no wages were paid.

Thursday, July 11th:  A payslip was issued for €416.72, but no wages were paid.

Thursday, July 18th:  A payslip was issued for €416.72, but no wages were paid.

From this schedule, it is apparent that, on the 13 Thursdays from April 25th until July 18th 2024, the complainant was issued with a payslip each week for his net pay of €416.71, €416.72 or €416.73.  Sometimes he was paid twice in one week and he wasn’t paid in the previous week.  His bank statements show that he was paid his wages for 10 of the 13 weeks and that he received no wages for the final three weeks.

Section 5(6) of the Payment of Wages Act 1991 provides that, to ground a complaint under the Act, wages must be properly payable:

(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 am satisfied that the respondent had an opportunity to explain their failure to pay the complainant three weeks’ wages in accordance with the payslips issued to him for the weeks ending on July 4th, 11th and 18th 2024.  As the complainant’s evidence has not been rebutted, I am satisfied that his complaint is well founded.  I find therefore that, in breach of section 5 of the Payment of Wages Act, net pay for three weeks amounting to €1,250.16 which was properly payable to the complainant has not been paid.

When his employment ended, based on having worked for 28 weeks in the 2024 leave year, the complainant had an entitlement to 11 days’ holiday pay.  I am satisfied therefore, that he is entitled to holiday pay of €916.78. 

I decide that this complaint is well founded.  In accordance with section 6 of the Payment of Wages Act 1991 (as amended), I direct the respondent to pay the complainant compensation of €2,166.94, comprising wages not paid up to July 18th 2024 and the outstanding holiday pay due at the termination of his employment.

Wages not paid