ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00056690
Parties:
| Complainant | Respondent |
Parties | Maithê Gomes Da Fonseca | Leeson Catering Ltd |
Representatives | In person | Did not attend |
Complaint(s):
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-00068991-001 | 01/02/2025 |
Date of Adjudication Hearing: 09/05/2025
Workplace Relations Commission Adjudication Officer: Jim Dolan
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 from 29th June 2024 until 26th March 2025, the complainant was employed in a front of house capacity in the respondent’s restaurant. This complaint was received by the Workplace Relations Commission 0n 1st February 2025. |
Summary of Complainant’s Case:
In August 2024 the Complainant noted that she was not paid for the hours she worked in in weeks 33 and 34, she was issued with payslips for these weeks however no money was paid to her bank. In November 2024 the same thing happened in respect to week 45, issued with a payslip but no money paid to bank account. In December 2024 the same thing happened in respect to week 49. In January 2025 there was no payment for weeks 2, 4 and 5. The Complainant has the payslips for these periods and these payslips were made available at the hearing. In total the complainant contends that she has not been paid a total amount of €3,468.91 gross. The Complainant also states that the tips she was entitled to were never paid. The complainant accepts that it is impossible to put a figure on what the tips may have been. On 31/01/25 the Complainant went to talk with the manager in relation to this failure to pay her wages, she was sent home by the manager who referred to her as a C*** in front of her colleagues. |
Summary of Respondent’s Case:
The Respondent did not attend the scheduled hearing. I am satisfied that the respondent were notified of all the arrangements for the hearing of the complaint.
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Findings and Conclusions:
I totally accept the evidence from the Complainant. The complaint is well found. I now order the Respondent to pay to the complainant a gross amount of €3,468.91 representing the amount she should have received from her employer as wages. This payment should be made within 42 days from the date of this decision. |
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.
I totally accept the evidence from the Complainant. The complaint is well found. I now order the Respondent to pay to the complainant a gross amount of €3,468.91 representing the amount she should have received from her employer as wages. This payment should be made within 42 days from the date of this decision. |
Dated: 07th July 2025
Workplace Relations Commission Adjudication Officer: Jim Dolan
Key Words:
Payment of Wages Act 1991. |