ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00056605
Parties:
| Complainant | Respondent |
Parties | Bhupendra Singh Chaudhary | Digisure (Ireland) Limited |
Representatives |
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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-00068829-001 | 25/01/2025 |
Date of Adjudication Hearing: 24/07/2025
Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll
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 Employee worked in the company from 4th March 2024 until 25th October 2024. |
Summary of Complainant’s Case:
The Complainant says the company stopped paying her from May 2024. They had calls to discuss this and the company agreed the money was due and said they would pay soon. In September 2024, the company stopped returning their calls and no explanation was given. To this date the Complainant is still owed 24,000 euro. |
Summary of Respondent’s Case:
The Respondent accepts that the monies are outstanding. It had raised funds and there was a delay with payment. There has been a lack of communication, but the company are paying. Mr Niehaus sought an adjournment and said the company required two more weeks for payment. |
Findings and Conclusions:
This complaint was first heard on 20th March 2024. On that occasion, Mr. Niehaus on behalf of the company sought an adjournment saying they agreed to pay the outstanding monies within two weeks. An adjournment was granted to the Respondent. The case was rescheduled for hearing on 24th July 2025 as the monies remained unpaid. At the resumed hearing, there was no appearance by or on behalf of the Respondent. The Complainant gave evidence that the company had been disbanded. She received payment in March, in April one payment was stopped, in May no one was paid salary. The company gave different reasons for this. A few small payments of a few hundred euro were paid in the interim. Eventually the company said she should look for another job which she did. She is owed six months salary of 25,000 euro gross less certain payments. Payslips were given to her but mostly her wages were unpaid, bank statements provided show any monies received. I am satisfied that the complaint is well founded. I direct payment of arrears of wages of 16,346.18 euro gross by the Respondent, together with ten days holiday pay of 1,923.08 euro gross total 18,269.26 euro. In addition, I award the Complainant 1,846.16 euro net compensation for breaches under the Act and direct payment by the Respondent. |
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.
The complaint is well founded. I direct payment of arrears of wages and holiday pay of 18,269.26 gross euro and 1,846.16 euro net and direct payment by the Respondent. |
Dated: 27-11-2025
Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll
Key Words:
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