Complainant

Respondent

Parties

Angelo  Lamberti

Jms International Holding Limited trading as Shanahan's on the Green

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-00068279-001

20/12/2024

The Complainant worked for the Respondent as a Assistant Manager from the 6th November 2013 until the 13th October 2024. He did not receive his last weeks’ wages, holiday pay or notice.

The Complainant stated in evidence that he was employed as an Assistant Manager and that he earned €102.00 gross per day plus service and gratuities. He worked full time the week of the 7th October 2024 until the evening of Saturday, 12th October 2024. Sunday evening the Respondent’s Accounts Manager sent a letter dated the 13th October 2024 by email stating that the Respondent’s business had ceased trading  temporarily and that until the business reopened wages could not be paid. The Complainant gave evidence that he was owed his last weeks’ wages, 10 days holidays pay and his notice pay.

The Respondent did not attend the scheduled hearing of this complaint. Having carefully reviewed the file I am satisfied that the Respondent was on notice of the claim against it and the hearing date, time and venue. I waited a reasonable time before proceeding with the hearing in the absence of the Respondent.

In making these findings, I have considered the documentation submitted to the WRC and the oral evidence adduced at the hearings summarised above.

The complaint referred to the WRC is that the Respondent unlawfully deducted wages due to the Complainant. 

Relevant Law:

Payment of Wages Act 1991

The Payment of Wages Act 1991 (hereinafter referred to as “the 1991 Act”) provides the following definition of “wages” at section 1:

"wages", in relation to an employee, means any sums payable to the employee by the employer in connection with his employment, including—

(a) any fee, bonus or commission, or any holiday, sick or maternity pay, or any other emolument, referable to his employment, whether payable under his contract of employment or otherwise, and

(b) any sum payable to the employee upon the termination by the employer of his contract of employment without his having given to the employee the appropriate prior notice of the termination, being a sum paid in lieu of the giving of such notice:

Provided however that the following payments shall not be regarded as wages for the purposes of this definition:

(i) any payment in respect of expenses incurred by the employee in carrying out his employment,

(ii) any payment by way of a pension, allowance or gratuity in connection with the death, or the retirement or resignation from his employment, of the employee or as compensation for loss of office,

(iii) any payment referable to the employee's redundancy,

(iv) any payment to the employee otherwise than in his capacity as an employee,

(v) any payment in kind or benefit in kind,

(vi) any payment by way of tips or gratuities.

The Complainant’s last week’s wages, holiday pay and notice come within the above definition.

Sections 5(1) and 5(6) of the 1991 Act provides:

5(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.

(2) …

(3) …

(4) …

(5) …

(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.

The non-payment of wages that are properly payable to an employee is therefore an unlawful deduction by the employer.  The question to be decided is whether the wages claimed were properly payable.

The Complainant gave evidence that he commenced employment with the Respondent on the 6th November 2013 and that his employment ended on the 13th October 2024. He was employed as an Assistant Manager and earned €102.00 gross per day plus service and gratuities. He worked full time the week commencing the 7th October 2024 until the evening of Saturday, 12th October 2024. Sunday evening the Respondent’s Accounts Manager sent a letter dated the 13th October 2024 by email to the Complainant stating that the Respondent’s business had ceased trading  temporarily and that until the business reopened the Complainant would not receive any salary payments from the business. The Complainant gave evidence that he was owed €1,200.00 gross in respect of his last weeks’ wages, 10 days holiday pay and six weeks’ notice pay.

The Complainant was a credible witness, providing additional detail as required by the Adjudication Officer and supporting his contentions with documentation where possible.  I am satisfied that the Complainant was not paid the wages that were properly payable to him and that he was not paid the following wages:

·       last weeks’ wages = €1,200.00

·       10 days holiday pay = €1,020.00

·       6 weeks’ notice pay = €3,060.00

I am satisfied that the Complainant has established his claim to the total gross wages of €5,280.00 under the Payment of Wages Act 1991. I find that the Respondent deducted this amount unlawfully and that the Complainant is entitled to payment of compensation of €5,280.00 less any lawful deductions. I consider this to be reasonable in the circumstances.

Having regard to the written and oral evidence in relation to this complaint my decision is that the complaint is well founded and I direct the Respondent to pay to the Complainant compensation of €5,280.00 less any lawful deductions.