ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00059747
Parties:
| Complainant | Respondent |
Parties | Adam Keogh | Logos Moving Solutions Ltd, In Liquidation |
Representatives | Thomas Keogh | Gary Scott, McCambridge Duffy Liquidators |
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-00072029-001 | 30/05/2025 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00072029-002 | 30/05/2025 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00072029-003 | 30/05/2025 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00072029-004 | 30/05/2025 |
Date of Adjudication Hearing: 10/06/2026
Workplace Relations Commission Adjudication Officer: Conor Stokes
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 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.
Background:
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 attended the hearing and gave evidence under affirmation. The respondent did not attend the hearing; however, a staff member of the Liquidator’s firm did attend, noting that the Liquidator had only recently become aware of the complaint. The Liquidator sought an adjournment shortly in advance of the hearing and attended at the hearing to reiterate the request. When the request was queried, it was suggested that granting an adjournment may assist the complainant to take a complaint to the Social Protection Fund. As the respondent was on notice of the complaint since 25 June 2025 and on notice of the hearing from 13 April 2026 |
Summary of Complainant’s Case:
The complainant stated that he was paid €900 gross per week and provided a copy of his contract of employment and some wage slips, post-hearing, in support of his contention. He confirmed that he worked for the respondent from 28 February 2024 until 28 January 2025. CA-00072129-001 Payment of Wages The complainant submitted that he was not paid for the period from 27 December 2024 to 22 January 2025. This amounted to €2,700. CA-00072129-002 Notice Payment The complainant submitted that he was not paid for his period of notice. This amounted to €900 CA-00072129-003 Paid holiday/annual leave entitlement The complainant submitted that he was not paid for 15 days annual leave to which he was entitled. This amounted to €2,700. CA-00072129-004 Compensation for loss of Annual Leave entitlement on leaving The complainant submitted that he was not paid for 15 days annual leave to which he was entitled upon leaving his employment. This amounted to €2,700. |
Summary of Respondent’s Case:
The Liquidator sought an adjournment shortly in advance of the hearing and attended at the hearing to reiterate the request. When the request was queried, it was suggested that granting an adjournment may assist the complainant to take a complaint to the Social Protection Fund. However, it was accepted that a decision from the WRC may also assist the complainant in that fashion too. In advance of the hearing the liquidator confirmed in writing that the complainant was not paid for his outstanding holidays nor was he paid for his notice period. The payment of the outstanding wages could not be confirmed by the liquidator at that point. |
Findings and Conclusions:
Preliminary matter – adjournment of the hearing: The Liquidator sought an adjournment shortly in advance of the hearing and attended at the hearing to reiterate the request. When the request was queried, it was suggested that granting an adjournment may assist the complainant to take a complaint to the Social Protection Fund. However, it was accepted that a decision from the WRC may also assist the complainant in that fashion too. In advance of the hearing the liquidator confirmed in writing that the complainant was not paid for his outstanding holidays nor was he paid for his notice period. The payment of the outstanding wages could not be confirmed by the liquidator at that point. As there appeared to be no benefit to be derived from adjourning the matter, and the respondent was on notice of the complaint since 25 June 2025 and on notice of the hearing from 13 April 2026 but had not engaged with the WRC regarding these complaints, the hearing proceeded as scheduled. Preliminary issue - level of Wages: The complainant stated that he was paid €900 gross per week and provided a copy of his contract of employment and some wage slips, post-hearing, in support of his contention. The wage slips submitted by the complainant show that his weekly wage for a 40 hour week amounted to a gross figure of €800 per week. This accords with the figure contained in his contract of employment, also submitted post hearing. Accordingly, I find that his weekly wage amounted to €800 per week gross. CA-00072129-001 Payment of Wages The complainant submitted that he was not paid for the period from 27 December 2024 to 22 January 2025. The respondent did not contradict the complainant’s version of events with written proof of payment of the outstanding wages and according to the note from the liquidator the Director was unsure whether the payment was made or not. Accordingly, I find the complaint is well founded and award the complainant €2,400 which I consider to be reasonable in the circumstances. CA-00072129-002 Notice Payment The complainant submitted that he was not paid for his period of notice. Under Section 4(1) and (2) of the Minimum Notice and Terms of Employment Act, 1973 as revised, the complainant is entitled to notice of one week. Accordingly, I find the complaint is well founded and award the complainant €800 which I consider to be reasonable in the circumstances. CA-00072129-003 Paid holiday/annual leave entitlement The complainant submitted that he was not paid for 15 days annual leave to which he was entitled. The liquidator confirmed that he was so entitled. Accordingly, I am satisfied that his complaint is well founded and award the complainant €2,400 which I consider to be just an equitable having regard to all the circumstances. CA-00072129-004 Compensation for loss of Annual Leave entitlement on leaving The complainant submitted that he was not paid for 15 days annual leave to which he was entitled upon leaving his employment. This matter has been dealt with in the previous complaint and as a complainant cannot succeed twice for the same set of circumstances, although, I am satisfied that his complaint is well founded, I make no award in the circumstances. |
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-00072129-001 Payment of Wages Having considered all the evidence presented to me in relation to this matter my decision is that the complaint is well founded and award the complainant €2,400 which I consider to be reasonable in the circumstances. CA-00072129-002 Notice Payment Having considered all the evidence presented to me in relation to this matter my decision is that the complaint is well founded and award the complainant €800 which I consider to be reasonable in the circumstances. CA-00072129-003 Paid holiday/annual leave entitlement Having considered all the evidence presented to me in relation to this matter my decision is that the complaint is well founded and award the complainant €2,400 which I consider to be just an equitable having regard to all the circumstances. CA-00072129-004 Compensation for loss of Annual Leave entitlement on leaving Having considered all the evidence presented to me in relation to this matter my decision is that the complaint is well founded. Although, I am satisfied that his complaint is well founded, I make no award having regard to all of the relevant circumstances. |
Dated: 12th of June 2026
Workplace Relations Commission Adjudication Officer: Conor Stokes
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