ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00056583
Parties:
| Complainant | Respondent |
Parties | Sam Ali | Bgss Ltd |
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-00068834-001 | 25/01/2025 |
Date of Adjudication Hearing: 02/07/2025
Workplace Relations Commission Adjudication Officer: Breiffni O'Neill
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015following 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.
Specifically, I conducted a remote hearing in accordance with the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and Statutory Instrument 359/2020 which designates the Workplace Relations Commission as a body empowered to hold remote hearings.
The Complainant attended the hearing and gave evidence in relation to his complaint. Although I am satisfied that the Respondent was on notice of the hearing, they did not attend on the day.
Background:
The Complainant commenced his employment as a security guard with the Respondent on 22 November 2024. He terminated his employment on 23 January 2025 because he had not been paid wages that he was due. He also stated that he did not receive his accrued holiday entitlements. |
Summary of Complainant’s Case:
The Complainant stated that he was not paid any wages in respect of the hours that he worked in either December 2024 or January 2025. He also stated that he did not receive his accrued holiday entitlements when his employment ended. |
Summary of Respondent’s Case:
The Respondent did not attend the hearing to give evidence in relation to the complaint. |
Findings and Conclusions:
Section 1 of the Payment of Wages Act 1991 (“the Act”) defines wages as: “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,” In Marek Balans -v- Tesco Ireland Limited [2020] IEHC 55 approving Dunnes Stores (Cornels court) Limited -v- Lacey [2007] 1 1.R. 478, it was stated that a decision-maker must firstly determine what wages are properly payable under the employment contract before determining whether there has been a deduction under the Payment of Wages Act 1991. While each case will turn on its own particular facts, it is necessary to ascertain, in the instant case, (1) whether the pay constituted a term of the Complainant’s contract and (2) if has there been a contravention of Section 5 of the Act. Given the uncontradicted evidence of the Complainant, I am satisfied that he was not paid in the amount of €3,137.66 that he was owed in wages and accrued holiday pay 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.
I find that the complaint is well founded for the reasons set out above and order that the Respondent makes a payment of €3,137.66 to the Complainant. This is subject to the normal statutory deductions. |
Dated: 24-09-2025
Workplace Relations Commission Adjudication Officer: Breiffni O'Neill
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