ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00055382
Parties:
| Complainant | Respondent |
Parties | Ashley Flynn | Club 54 |
Representatives | Self-represented | No attendance |
Complaint:
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-00067502-001 | 19/11/2024 |
Date of Adjudication Hearing: 14/05/2025
Workplace Relations Commission Adjudication Officer: Seamus Clinton
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 and to present any evidence relevant to the complaint. The hearing was held in the Hearing Rooms of the Workplace Relations Commission (WRC), Carlow. The complainant, Mr Flynn, attended the hearing and gave evidence under oath. The respondent did not attend the hearing.
Background:
The Payment of Wages Act complaint is that the complainant, Mr Flynn was not paid in full for work carried out for the respondent, Club 54, from 1st August 2024 to 15th September 2024. |
Summary of Complainant’s Case:
Summary of Mr Flynn’s Evidence Mr Flynn gave testimony that he worked as Assistant Events Manager from 1st August 2024 to 15th September 2024. He put his employment contract into evidence. His salary as per his contract is €45,000. After working a month, he was paid for 2-weeks’ and he was informed that he would be paid the remainder no later than 15th September 2024. He worked 6-weeks’ for the respondent company and was paid for 2-weeks. The nightclub closed on 15th September 2024. |
Summary of Respondent’s Case:
There was no attendance by the respondent. I am satisfied that the respondent was on notice of the hearing. |
Findings and Conclusions:
The Law Section 5(1) of the Payment of Wages Act 1991 sets out the parameters according to which deductions may be made from an employee’s wages: “(1) An employer shall not make a deduction from the wages of an employee (or receive any payment from an employee) unless— (a) the deduction (or payment) is required or authorised to be made by virtue of any statute or any instrument made under statute, (b) the deduction (or payment) is required or authorised to be made by virtue of a term of the employee's contract of employment included in the contract before, and in force at the time of, the deduction or payment, or (c) in the case of a deduction, the employee has given his prior consent in writing to it.” Section 5(6) addresses the circumstances in which wages which are properly payable are not paid: “(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.” Finding I am satisfied that €3,750.00 gross wages was properly payable to the complainant for 4-weeks work, as per the contract of employment. I decide that the complaint is well founded. The respondent should pay the complainant €3,750.00 gross wages. |
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.
CA-00067502-001 I decide that the complaint is well founded. The respondent should pay the complainant €3,750.00 gross wages. |
Dated: 26-05-2025
Workplace Relations Commission Adjudication Officer: Seamus Clinton
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