ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00057094
Parties:
| Complainant | Respondent |
Parties | Kostyantyn Lesyk | Make That Real Limited |
Representatives | Self-represented | Non-attendance |
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-00069377-001 | 18/02/2025 |
Date of Adjudication Hearing: 24/07/2025
Workplace Relations Commission Adjudication Officer: Conor Stokes
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:
This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act, 2020 and S.I. No. 359/2020 which designates the WRC as a body empowered to hold remote hearings. Although the respondent did not attend the hearing, he indicated to the concierge that he was not contesting the complaint and would pay the complainant what he was owed. Accordingly, in the circumstances, evidence was taken without the need to resort to oath or affirmation. |
Summary of Complainant’s Case:
The complainant stated that although the respondent gave him payslips, he was not paid the amounts indicated on the payslips. He outlined a series of payments that were due to him from week 39 to week 48 in the last tax year. He outlines a series of payments that were made to him from the respondent in cash and by way of bank transfer. There was a shortfall of €780.15 |
Summary of Respondent’s Case:
The respondent did not attend the hearing of this matter. |
Findings and Conclusions:
The complainant came across as a credible witness and provided written documentation to support him claim at the hearing. The complainant outlined his payslips for the 10-week period that he worked for the respondent. He also outlined a series of payments in cash and by way of bank transfer that he received from the respondent both during that period and at a later stage. I am satisfied that this represents an accurate reflection of the payments made to him and the shortfall in wages that remained unpaid. Accordingly I find that the complaint is well founded and direct the respondent to pay the complainant compensation of €780.15 which I consider to be reasonable in the circumstances. |
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.
Having regard to all the written and oral evidence presented in relation to this complaint, my decision is that the complaint is well founded and direct the respondent to pay the complainant compensation of €780.15 which I consider to be reasonable in the circumstances. |
Dated: 28th July 2025.
Workplace Relations Commission Adjudication Officer: Conor Stokes
Key Words:
Payment of Wages – shortfall established – direction to pay compensation |