ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00063043
Parties:
| Complainant | Respondent |
Parties | Ellie Guidera | 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-00076832-001 | 27/10/2025 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00076832-003 | 27/10/2025 |
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. Guidera 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 complainant submitted complaints of unpaid wages, annual leave, and minimum notice when the business closed on 13th October 2025. |
Summary of Complainant’s Case:
Summary of Complainant’s Evidence Ms. Guidera gave testimony that she commenced employment on 13th November 2024. She said the business closed on 13th October 2025. She put into evidence a letter she received on 20th October 2025 from the owner which confirmed that the business was forced to close due to insolvency and there was no means of paying outstanding wages. She said her weekly hours could vary although her last gross weekly wage before the business closed was €546.75. She said she was owed 84 hours which totalled gross wages of €1,134.00. She said she had also accrued 87 hours annual leave totalling a gross payment of €1,184.00 She said she did not get the statutory one-notice when the business closed. |
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-00076832-001- 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 due when the business closed. The complainant gave evidence that she was owed gross wages of €1,134.00 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 €1,134.00 is payable by the respondent to the complainant. The complainant also gave testimony that she was owed a compensation payment for accrued annual leave of €1,184.00 gross. I decide the complaint is well founded and that gross wages of €1,184.00 is payable by the respondent to the complainant for accrued annual leave. CA-00076832-003- Payment of Wages Complaint The complainant submitted that she was owed for one-week’s notice as she had over thirteen weeks service with the respondent. I decide the complaint is well founded and that one-weeks gross wages of €546.75 is payable by the respondent to the complainant. |
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.
CA-00076832-001- Payment of Wages Complaint Wages I decide the complaint is well founded and that gross wages of €1,134.00 is payable by the respondent to the complainant. Annual Leave Accrued I decide the complaint is well founded and that gross wages of €1,184.00 is payable by the respondent to the complainant for accrued annual leave. CA-00076832-003- Payment of Wages Complaint I decide the complaint is well founded and that one-weeks gross wages of €546.75 is payable by the respondent to the complainant. |
Dated: 13th July 2026
Workplace Relations Commission Adjudication Officer: Seamus Clinton
Key Words:
Payment of Wages |