Complainant

Respondent

Parties

Declan  Clarke

Cellnua Teoranta T/A Cellnutrition Health

Representatives

Self-Represented

John Kelleher, Executive Chairman

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-00074111-001

06/08/2025

This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act, 2020 and S.I. No. 359/2020 which designates the WRC as a body empowered to hold remote hearings.

The complainant and witness for the respondent undertook to give their evidence under affirmation.

The complainant stated that he worked for the respondent from February 2022 until February 2025 when the business ceased operations.  As part of his final payment from the company, he was to receive 6 months of unpaid salary, 3 months’ notice and a compensation payment equivalent to 3 months salary.  Although he received 3 payments totalling €19, 046.50 the outstanding balance of €57,139.65 was not paid.

The complainant indicated in writing that he would like the monies outstanding to be processed through the appropriate Revenue Commissioners procedures.

The witness for the respondent, the Executive Chairman confirmed that the figures outlined by the complainant were correct and accepted that the respondent owed the complainant the amount of €57,139.65.

The Payment of Wages Act, 1991 defines wages as amounting to the following:

"wages", in relation to an employee, means 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, and

(b) any sum payable to the employee upon the termination by the employer of his contract of employment without his having given to the employee the appropriate prior notice of the termination, being a sum paid in lieu of the giving of such notice:

Provided however that the following payments shall not be regarded as wages for the purposes of this definition:

(i) any payment in respect of expenses incurred by the employee in carrying out his employment,

(ii) any payment by way of a pension, allowance or gratuity in connection with the death, or the retirement or resignation from his employment, of the employee or as compensation for loss of office,

(iii) any payment referable to the employee's redundancy,

(iv) any payment to the employee otherwise than in his capacity as an employee,

(v) any payment in kind or benefit in kind,

(vi) any payment by way of tips or gratuities.

Having regard to the oral testimony from both the complainant and the witness for the respondent, I am satisfied that the complainant has established that the Act has been contravened and I find that the complaint is well founded. I find that the complainant is owed a gross amount of €57,139.65. 

The complainant indicated in writing that he would like any monies received to be processed through the appropriate Revenue Commissioners procedures.

Having regard to all the written and oral evidence presented in relation to this matter, my decision is that the Act has been contravened.  I direct the respondent to pay the complainant compensation of €57,139.65 less any lawful deductions.

Payment of Wages – complaint well founded – compensation awarded.