ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00057344
Parties:
| Complainant | Respondent |
Parties | Eva Dunne | Lowza The Meal Deals 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-00069633-001 | 28/02/2025 |
Date of Adjudication Hearing: 21/07/2025
Workplace Relations Commission Adjudication Officer: Orla Jones
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
The Complainant attended the Hearing, but the Respondent was not in attendance.
At the time the adjudication hearing was due to begin, it was apparent that there was no appearance by or on behalf of the Respondent. I satisfied myself that the respondent was on notice of the date, time and venue of the hearing and waited some time to accommodate any late arrival.
At the adjudication hearing, the Complainant was advised that, in accordance with the Workplace Relations (miscellaneous provisions) Act 2021, hearings before the WRC are now held in public and, in most cases, decisions are no longer anonymised. She was also advised that the Workplace Relations (Miscellaneous Provisions) Act 2021 grants Adjudication Officers the power to administer an oath or affirmation and the required affirmation/oath was administered to the Complainant and the legal perils of committing perjury were explained.
Background:
The Complainant was employed by the respondent from the 6th of April 2024 to the 9th of October 2024.
The Complainant submits that she was not paid for work carried out by her on 2nd of October and 9th of October 2024 and for which she he was owed €241.30. |
Summary of Complainant’s Case:
The Complainant attended the hearing and made written submissions and provided oral evidence under affirmation. |
Summary of Respondent’s Case:
The Respondent did not attend the hearing. |
Findings and Conclusions:
The Act provides: Section 5(1) of the act provides that 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. The Complainant advised the hearing that the respondent had failed to pay her for work carried out by her on 2nd of October and 9th of October 2024 and for which she did not receive payment. The complainant stated that this payment of €241.30 was due to be paid on the 9th of October 2024. The complainant provided evidence of raising this with the respondent by WhatsApp on 10th and 11th of November 2024, but to no avail. In the circumstances it is reasonable to conclude that a there was deduction, and the Respondent has failed to establish that it was in compliance with the act. |
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 I direct the Respondent to pay the Complainant €241.30 in respect of the deduction. |
Dated: 21st of November 2025
Workplace Relations Commission Adjudication Officer: Orla Jones
Key Words:
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