ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00056556
Parties:
| Complainant | Respondent |
Parties | Jaider Filho | JMS International Holdings Ltd trading as Shanahan's on The Green |
Representatives | In person | Did not attend |
Complaint:
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-00068802-001 | 23/01/2025 |
Date of Adjudication Hearing: 10/06/2025
Workplace Relations Commission Adjudication Officer: Andrew Heavey
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 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.
Background:
The complainant was employed by the respondent as a Waiter from 23rd June 2024 until the closure of the business on or about 6th October 2024. The complaint relates to outstanding entitlements not received by the complainant when his employment ended. |
Summary of Complainant’s Case:
The complainant represented himself at the adjudication hearing and addressed his complaints by way of oral submission. The complainant stated that he was employed by the respondent as a Waiter from 23rd June 2024 until on or about the 6th October 2024. The restaurant where the complainant was employed has not re-opened since its closure in October 2024 and there were three matters outstanding when the employment ended. The complainant is seeking €510 in respect of outstanding pay due in respect of the week he worked prior to the closure of the restaurant. He is also seeking an additional €510 in respect of notice entitlements and a further €510 in respect of one weeks outstanding holiday entitlements, The complainant is seeking a total of €1530.00 in outstanding payments due to him. |
Summary of Respondent’s Case:
The respondent did not attend the adjudication hearing and was not represented. |
Findings and Conclusions:
The Applicable Law. Under the Payment of Wages Act 1991 as amended (the “PWA”), “wages” 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 entirety of the complaints lodged by the complainant can be addressed under the definition of wages as submitted in the within adjudication reference. In the absence of any participation from the respondent or any challenge to the complaints submitted, I am satisfied that the complainant is due a total of €1,530 in respect of outstanding wages, outstanding holiday pay and one weeks’ pay in respect of notice entitlements. |
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.
The complaint is well founded. The respondent is directed to pay the complainant €1,530 in respect of the outstanding payments that were due to him on the cessation of his employment. |
Dated: 19-08-2025
Workplace Relations Commission Adjudication Officer: Andrew Heavey
Key Words:
Outstanding wages, holiday pay and notice entitlements |