Adjudication Reference: ADJ-00052807
Parties:
| Complainant | Respondent |
Parties | Gikhil Francis | Select Asia, Waterford |
| Complainant | Respondent |
Anonymised Parties | {text} | {text} |
Representatives | Una Dunphy |
|
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-00064631-001 | 07/07/2024 |
Date of Adjudication Hearing: 27/06/2025
Workplace Relations Commission Adjudication Officer: Niamh O'Carroll
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 Complainant is owed money in relation to unpaid wages. The Respondent is not contesting the claim. |
Summary of Complainant’s Case:
Gikhil Francis, Affirmed and gave evidence as follows: The Complainant began working in 2022. He was working approximately 20 hours when he was studying and 30 hours thereafter. He was paid holiday pay up until January 2023. The employer said there were cash flow issues. He was promised that the wages would be paid. He didn’t worry about it because the employer had 7 shops and was doing well. However, he was never paid. In May 2024 the amount of money owed to him was nearly €4,481.00. He decided to leave because he couldn’t work for nothing. He had to get a loan to support himself. He was struggling to pay his loan. He got a job in Mc Donalds for a while and then he moved to mechanical engineering job in line with his Masters’ degree. The Complainant alleges that the sum of € 790.00 was paid to him leaving a balance of € 3,691.00. In addition the Complainant is owed € 689.29 in relation to holiday pay. |
Summary of Respondent’s Case:
The Respondent concedes the claim. He can’t pay the Complainant because he doesn’t have any money. All of his shops have been sold and he didn’t get any money for them due to the debts. He will pay when he can but he does not know when that will be. |
Findings and Conclusions:
The Respondent did not contest the claim herein. He stated that he doesn’t have the money to pay the Complainant at the moment but when he has, he will pay him. The sum due and owing to the Complainant is € 4,380.29 made up as follows, € 3,691.00 for unpaid wages and € 689.29 for unpaid holiday pay. The complaint is well founded. I award the Complainant € 4,380.29.
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Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
The complaint is well founded. I award the Complainant € 4,380.29. |
Dated: 16/09/2025
Workplace Relations Commission Adjudication Officer: Niamh O'Carroll
Key Words:
Payment of wages. |