Complainant

Respondent

Parties

Eleanor  Donovan

JMS International Holdings Shanahan's On The Green

Representatives

  Self

 No show

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-00068381-001

31/12/2024

The Complainant worked as a receptionist at the Restaurant.

Arising from the unforeseen and sudden closure of the restaurant the Complainant states that she is owed unpaid wages and she provides a detailed breakdown of same. The Employer was notified of the hearing and failed to attend.

The Complainant details her claim as follows:

Start Date – 26/03/2024 End Date – 12/10/2024 Total months in employment – 6.5 Average work week – 3 days Pay – €115.38 per shift, 125.38 per Sunday shift Value of notice not given – 115.38 x 3 = 346.14 One shift unpaid – 115.38 Total compensation – 346.14 + 115.38 = 461.5.

I am satisfied that the Respondent was  properly notified of the hearing and failed to attend.

The Complainant has provided payslips detailing net and gross wages not paid.

I find the Complainant’s sworn evidence credible and convincing.

The Respondent has been provided with an opportunity to attend and present their case and has failed to attend.

I note that section 5(6) of the Act states:

(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 find that the following payments were properly payable, and the employer has failed to pay the following:

1.       Value of notice not given – 115.38 x 3 = €346.14

2.       One shift unpaid – €115.38

3.       Total compensation – €346.14 + €115.38 = €461.5 Euro Gross

The Payment of Wages Act  1991defines wages as follows:

"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, an

(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 employee was entitled to 1 weeks’ notice arising from termination of her employment and to 1 shift that was not paid.

The complaint is well founded, and I direct that Respondent pay the Complainant compensation of €461.5 Gross less any statutory deductions.

Unpaid wages