ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00055746
Parties:
| Complainant | Respondent |
Parties | Colin O Neill | Chapter 8 Traffic Management |
Representatives | Self Represented | Not present |
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-00059312-001 | 10/10/2023 |
Date of Adjudication Hearing: 11/06/2025
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 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 submitted a complaint that he was not paid wages due of €812.29. |
Summary of Complainant’s Case:
The Complainant was employed from May 16th 2022 to November 18th 2022 as a Traffic Operator. On the 17th of November 2022 he stated all employees got an email about financial problems in the company and how no one will be paid for a few months. Due to this the Complainant had to immediately find new work. He was told he would be paid what is owed to him. He received some of the payment but was still owed €812.29. The Complainant was in discussions with the HR manager several times through out the year afterwards to be told he will receive it soon but that they cannot give it yet due to WRC investigations. |
Summary of Respondent’s Case:
A Complaint was received by the Director General of the Workplace Relations Commission by the Complainant on October 10th 2023 alleging that his former employer contravened the provisions of the Payment of Wages Act 1977 in relation to him. The Respondent was notified of the complaint to the business address provided by the Complainant by the WRC on October 23rd 2023. The said complaint was referred to me for investigation. A Hearing for that purpose was held on June 11th 2025. There was no appearance by or on behalf of the Respondent at the Hearing. I am satisfied that the WRC wrote to the said Respondent to advise them in writing of the date, time and place at which the Hearing to investigate the complaint would be held and the notification was returned to the WRC marked “Gone Away”. |
Findings and Conclusions:
Section 41.6 requires a Complainant to submit their complaint within 6 months of the date of the infringement. This complaint was not submitted within 6 months. However Section 41 (8) states “An adjudication officer may entertain a complaint or dispute to which this section applies presented or referred to the Director General after the expiration of the period referred to in subsection (6) or (7) (but not later than 6 months after such expiration), as the case may be, if he or she is satisfied that the failure to present the complaint or refer the dispute within that period was due to reasonable cause.” I am satisfied from the Complainants evidence that reasonable cause existed for the delay in submitting the complaint within 6 months and that I can issue a decision on the substantive issue. Based on the uncontested Complainants evidence I find that the Complainant has not been paid an amount of €812.29 wages due. |
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 find that the complaint is well founded and award the Complainant a sum of €812.29. |
Dated: 26/06/2025
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Key Words:
Payment of Wages |