ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00062916
Parties:
| Complainant | Respondent |
Parties | Nicola Kirwan | Heather Foods & Catering Limited |
Representatives | Self-represented | No attendance |
Complaint:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00076770-001 | 24/10/2025 |
Date of Adjudication Hearing: 08/07/2026
Workplace Relations Commission Adjudication Officer: Seamus Clinton
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 and to present any evidence relevant to the complaint. The hearing was held in the Hearing Rooms of the Workplace Relations Commission (WRC), Carlow. The complainant, Ms. Kirwan attended the hearing and gave evidence under oath. The respondent did not attend the hearing.
As the company is registered on the company registration website as ‘normal’ and the notice of hearing was sent to the correct registered address, I decided to proceed with the hearing.
Background:
The complaint is that wages and annual leave was owing to the complainant when the business was closed on 13th October 2025. |
Summary of Complainant’s Case:
Summary of complainant’s Evidence Ms. Kirwan gave testimony that she commenced employment on 26th August 2025 and that the business closed on 13th October 2025. She said that her wages varied from week to week. She said she was owed two-weeks pay which was €625.00 gross. She said she was also due ten hours holidays at €13.50 which was €135 gross. |
Summary of Respondent’s Case:
A representative of the respondent did not attend the hearing. I am satisfied that notice of the hearing was sent to the correct business address as per the company registration website. |
Findings and Conclusions:
CA-00076770-001- Payment of Wages Complaint The Law Section 5 (1) of the Payment of Wages Act 1991 provides- An employer shall not make a deduction from the wages of an employee (or receive any payment from an employee) unless- (a) the deduction is required or authorised to be made by virtue of any statute or any instrument made under statute, (b) the deduction is required or authorised to be made by virtue of a term of the employee’s contract of employment included in the contract before, and in force at the time of, the deduction or payment, or (c) in the case of a deduction, the employee has given prior consent in writing to it. Finding The first issue to be decided is whether wages were properly payable. Having enquired into the complaint and based on the uncontested testimony, I find that there has been a breach of Section 5 of the Payment of Wages Act in that she was not paid wages or annual leave accrued when the business closed. The complainant gave testimony that she was owed two weeks wages of €625.00 at the time of closure. This is corroborated by the correspondence sent by the owner which states there was no means of paying the final two weeks wages due. I decide the complaint is well founded and that gross wages of €625.00 is payable by the respondent to the complainant. The complainant also gave uncontested testimony that she was due annual leave with a monetary value of €135.00. I decide the complaint is well founded and that gross wages of €135.00 is payable by the respondent to the complainant for accrued annual leave. |
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.
Wages I decide the complaint is well founded and that gross wages of €625.00 is payable by the respondent to the complainant. Accrued Annual Leave I decide the complaint is well founded and that gross wages of €135.00 is payable by the respondent to the complainant for accrued annual leave. |
Dated: 10th July 2026
Workplace Relations Commission Adjudication Officer: Seamus Clinton
Key Words:
Payment of Wages |