ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00063051
Parties:
| Complainant | Respondent |
Parties | Wilson Ventura | 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-00076936-001 | 30/10/2025 |
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, Mr. Ventura 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 a complaint to the WRC that he was not paid wages and annual leave when the business closed on 13th October 2025. |
Summary of Complainant’s Case:
Summary of Complainant’s Evidence Mr. Ventura gave testimony that he commenced employment with the respondent on 1st July 2024 and worked up to 13th October 2025 when he was informed that he was being made redundant by the company owner. He put into evidence a letter he received on 20th October 2025 from the company owner which confirmed that the business was forced to close due to insolvency and there was no means of paying wages or accrued annual leave. He said he was owed two weeks gross wages totalling €872.45. He said that he was also due one weeks annual leave with a monetary value of €459.00. |
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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-00076936-001- 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 he was not paid wages due of €872.45 when the business closed. The complainant gave evidence that he was owed two weeks wages 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 €872.45 is payable by the respondent to the complainant. The complainant also gave testimony that he was owed one-weeks’ annual leave of €459.00 gross. I decide the complaint is well founded and that gross wages of €459.00 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 €872.45 is payable by the respondent to the complainant. Accrued Annual Leave I decide the complaint is well founded and that gross wages of €459.00 is payable by the respondent to the complainant for accrued annual leave. |
Dated: 13-07-26
Workplace Relations Commission Adjudication Officer: Seamus Clinton
Key Words:
Payment of Wages |