Complainant

Respondent

Parties

Syed Ashad Mustufa  Younus

PMD DEVICE SOLUTIONS LTD (In Liquidation)

Complainant

Respondent

Anonymised Parties

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Representatives

  Self Represented

No Appearance

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-00068923-001

29/01/2025

Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997

CA-00068923-002

29/01/2025

The Complainant, a Product Manager with the Respondent since 10 July 2023 , appeared in person at the hearing. Documentation was received in advance of the hearing and relied upon by the Complainant.

There was no appearance by the Respondent.

The Complainant outlined that he earned an annual salary of €88,000. In September 2024, he began experiencing issues with the payment of his wages, and from November 2024, he stated that he was not paid at all, including payment in lieu of notice.

The Complainant presented three documents:

The first was an email dated 18 December 2024 from Mr. Myles Murray, Chief Executive Officer, outlining the difficulties the Respondent was experiencing in receiving payment from its client and requesting that the Complainant raise the issue with his local TD and/or Senator.

The second email, dated 22 December 2024 and also from Mr. Murray, advised that a decision had been made to enter into bankruptcy and that the Respondent would cease trading.

The third document was a screenshot of the HR Employee Portal, noting that the Complainant had a balance of 23.65 days of annual leave outstanding as of the termination date on 22 December 2024.

The Complainant stated that the Respondent failed to pay his wages for November and December 2024, amounting to a gross sum of €14,666.66, and that his outstanding annual leave entitlement amounted to €5,780. He had been in contact with the Liquidator, and on 10 April 2025, a payment of €4,489.66 was made as a contribution towards the unpaid wages.

After waiting a reasonable period of time there was no appearance by or on behalf of the Respondent.

It is accepted that the Complainant had been in contact with the Liquidator regarding the complaint and therefore was on notice.

The Complainant’s evidence was undisputed by the Respondent.

CA-00068923-001

I find the complaint is well founded where the Complainant did not receive payment in lieu of notice.

CA-00068923-002

I find the complaint is well founded that the Complainant did not receive his annual leave entitlement.

CA-00068923-001

I find the complaint is well founded.

In terms of redress, Section 6(1) of the Payment of Wages Act 1991 provides:

“6. (1) A decision of an adjudication officer under section 41 of the Workplace Relations Act 2015, in relation to a complaint of a contravention of section 4C or 5 as respects a deduction made by an employer from the wages or tips or gratuities of an employee or the receipt from an employee by an employer of a payment, that the complaint is, in whole or in part, well founded as respects the deduction or payment shall include a direction to the employer to pay to the employee compensation of such amount (if any) as he considers reasonable in the circumstances not exceeding—

(a) the net amount of the wages, or tip or gratuity as the case may be (after the making of any lawful deduction therefrom) that—

(i) in case the complaint related to a deduction, would have been paid to the employee in respect of the week immediately preceding the date of the deduction if the deduction had not been made, or

(ii) in case the complaint related to a payment, were paid to the employee in respect of the week immediately preceding the date of payment,

or

(b) if the amount of the deduction or payment is greater than the amount referred to in paragraph (a), twice the former amount.”

Where the complaint is well founded, I direct the Respondent to pay the Complainant compensation of €3,384.62 being twice the weekly amount earned in the week preceding the date of termination Again, award is solely relating to the complaint before the me, i.e., payment in lieu of notice. 

CA-00068923-002

I find the complaint is well founded.

In relation to address, the Workplace Relations Act 2015 provides:

 “A decision of an adjudication officer under Section 41 of the Workplace Relations Act 2015 in relation to a complaint of a contravention of a relevant provision shall do one or more of the following, namely: (a) declare that the complaint was or, as the case may be, was not well founded, (b) require the employer to comply with the relevant provision, (c) require the employer to pay to the employee compensation of such amount (if any) as is just and equitable having regard to all of the circumstances, but not exceeding 2 years’ remuneration in respect of the employee’s employment.”

I direct the payment of a sum of €7,000 in compensation to the Complainant, as this is just and equitable in all the circumstances where the Complainant had a considerable amount of annual leave remaining and the manner in which the Respondent engaged with him.

Payment in lieu of notice – Annual leave