ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00058208
Parties:
| Complainant | Respondent |
Parties | John Richardson | Boru Stoves |
Representatives |
| Myles Kirby Kirby Healy Chartered Accountants |
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-00070720-001 | 10/04/2025 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00070776-001 | 13/04/2025 |
Date of Adjudication Hearing: 14/11/2025
Workplace Relations Commission Adjudication Officer: Orla Jones
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the 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.
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.
In deference to the Supreme Court ruling, Zalewski V Ireland and the WRC [2021] IESC 24, the parties were 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 save where an application is made that special circumstances exist. No application was made in this case.
Background:
The Complainant submitted complaints under the Payment of Wages Act, 1991 on the 10th of April 2025 and a claim under the Terms of Employment (Information) Act, 1994 on 13th of April 2025. The Respondent company is in liquidation. |
Summary of Complainant’s Case:
The Complainant submits that he commenced working for the Respondent on 10 June 2010 and continued to work for the respondent until 18th of March 2025 with his employment terminated on 17th of April 2025. He submits that the respondent stopped paying him his regular wage on 1st of November 2024 but made the odd payment after that but withheld a number of payments which were properly due to the complainant. The Respondent company is now in liquidation. The Complainant made attempts to recoup the monies owed but to date those attempts have been unsuccessful. The complainant submits that the respondent failed to provide him with a statement in writing of his terms of employment. |
Summary of Respondent’s Case:
There was no appearance for or on behalf of the Respondent. The liquidator has been in contact with the WRC and was notified of the hearing arrangements but did not attend. |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00070720-001 | 10/04/2025 |
Findings and Conclusions:
Section 5 of the Payment of Wages Act 1991 deals with deductions made and payments received and Section 5(6) states. (6) Where— (a) the total amount of any wages that are paid on any occasion by an employer to an employee is less than the total amount of wages that is properly payable by him to the employee on that occasion (after making any deductions therefrom that fall to be made and are in accordance with this Act), or ………. then, except in so far as the deficiency or non-payment is attributable to an error of computation, the amount of the deficiency or non-payment shall be treated as a deduction made by the employer from the wages of the employee on the occasion. The complainant submitted a claim pursuant to Section 6 of the Payment of Wages Act for wages due and owing to him by the Respondent company. The complainant advised the hearing that he is owed wages by the respondent in respect of worked carried out and for which he was not paid. Evidence was provided in conjunction with supporting documentation. I am satisfied from the evidence adduced and calculations and documentation provided that the complainant is owed €5,725.14 in unpaid wages. There was no appearance for or on behalf of the Respondent. I am satisfied based on the communications between the liquidator and the WRC and on the information contained in the case file that the liquidator was on notice of the date time and venue for the hearing. In all the circumstances I find that the complaint is well founded. I award the Complainant the sum of €5,725.14. |
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.
Based on the findings and reasons above, I declare the complaint to be well founded and award the Complainant the sum of €5,725.14. |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00070776-001 | 13/04/2025 |
Findings and Conclusions:
Under section 3 of the Terms of Employment (Information) Act, 1994 an employer shall, not later than two months after the commencement of an employee’s employment with the employer, give or cause to be given to the employee a statement in writing containing the following particulars of the terms of the employee’s employment, that is to say - ………… The complainant advised the hearing that he did not receive a statement in writing of his terms and conditions of employment. There was no appearance for or on behalf of the Respondent. I am satisfied based on the evidence adduced that the complainant did not receive a statement in writing of his terms and conditions of employment. In all the circumstances I find that the complaint is well founded. I award the Complainant the sum of €1,000 in respect of the breach. |
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.
Based on the findings and reasons above, I declare the complaint to be well founded and award the Complainant the sum of €1,000. |
Dated: 20-02-26
Workplace Relations Commission Adjudication Officer: Orla Jones
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