Complainant

Respondent

Parties

Aline Cristina De  Lima

V&P Ventech Limited

Representatives

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-00075069-001

01/09/2025

The Complainant was employed as a project manager from 21st September 2023.

The Complainant complains of a breach of S6 of the Payment of Wages Act 1991. From week 32 of 2023 (August) until week 10 of 2024 (March), she was paid only €680 per week not €702 euro which is her contracted wages. The correct rate of €702 was only applied from week 10 of 2024 until December 2024.

From January 2025 onwards, payments became irregular and delayed. The employer started paying one week, then skipping two or more, and this became a recurring pattern. The Complainant gave evidence that the last payment she received was on 18 July 2025, referring to week 22 (May 2025) and provided evidence of non-payment. She is owed three months of unpaid wages, plus the underpayment difference for 30 weeks.

The Complainant’s employment was terminated on 2nd September 2025. She was not paid notice due nor statutory redundancy which was requested from the employer.

There was no appearance by or on behalf of the Respondent at the hearing.

The Complainant alleges a breach of S5 of the Payment of Wages Act 1991 by the Respondent when there was an underpayment of her wages from August 2023 until March 2024.

The complaint form was received by the Workplace Relations Commission on 1st September 2025. Pursuant to S41(6) of the Workplace Relations Act 2015, a complaint must be made within six months of the alleged breach (which can be extended to twelve months) where there is reasonable cause.

S41(6) Subject to subsection (8), an adjudication officer shall not entertain a complaint referred to him or her under this section if it has been presented to the Director General after the expiration of the period of 6 months beginning on the date of the contravention to which the complaint relates.

The Complainant’s claim for underpayment of wages is statute-barred and cannot be pursued within the jurisdiction of the Workplace Relations Commission.

The Complainant says she was not paid wages for the period from 18th July 2025 until 2nd September 2025 which amounts to 4,212.00 euro plus bank holiday 140.4 euro total 4,352.4 euro. She says her employment was terminated by the employer on 2nd September 2026 without payment of statutory notice. She seeks redundancy as a result of her dismissal.

I note from submissions furnished the Respondent says they terminated the Complainant’s employment due to expiry of her employment permit. The Complainant submitted an employment permit which was valid up to 20th September 2025.

I find the complaint to be well founded as there is no evidence of payment of wages to the Complainant from 18th July 2025 until 2nd September 2025 and I direct payment of 4,352.40 euro gross by the Respondent to the Complainant. In addition, given the length of time the Complainant was unpaid, I also direct payment of compensation of net 1,194.84 euro by the Respondent due to the breach.

The Complainant was forced to leave her role as she was not being paid, and I direct payment of one weeks statutory notice under the provisions of the Minimum Notice and Terms of Employment Act 1973 of 702 euro gross.

As the Complainant was employed for less than two years with the Respondent, she is not eligible for statutory redundancy.

The complaint is well founded. I direct payment of 4,352.40 euro gross and compensation of net 1,194.84 euro by the Respondent to the Complainant.

I direct payment of one weeks statutory notice under the provisions of the Minimum Notice and Terms of Employment Act 1973 of 702 euro gross by the Respondent to the Complainant.