ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00057304
Parties:
| Complainant | Respondent |
Parties | Tadhg Mc Carthy | HW Construction Management Ltd |
Representatives |
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Complaint:
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-00069737-001 | 04/03/2025 |
Date of Adjudication Hearing: 14/10/2025 and 12/03/2026
Workplace Relations Commission Adjudication Officer: Úna Glazier-Farmer
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.
Background:
The Complainant, an Engineer, attended on both occasions. Documentation was submitted and relied upon at the hearings.
The first hearing was adjourned where I was not satisfied the current email address for the Respondent was provided by the Complainant. |
Summary of Complainant’s Case:
It was the Complainant’s submission that he was employed by the Respondent from 2 September 2024 until he resigned on 19 January 2025 with the date of termination being 31 January 2025. His contracted wages were €5,384.60 gross per month working 40 hours per week. It was his claim that he was not receive his last month wages in the net sum of €3,952.95 together with annual leave payment of €400. He sought to follow up with the Respondent in March 2025 but was told by Mr Barth Warren that he was refusing to pay him as he did not give enough notice in his letter of resignation. However, the Complainant submitted he provided the notice as provided for in his contract of employment. |
Summary of Respondent’s Case:
There was no appearance on behalf of the Respondent on either occasion. There was phone contact with the Respondent prior to the hearing on 14 October 2025 but no attendance. There was email contact from the Respondent prior to the second hearing date. The Respondent was advised of the postponement procedure if there was a difficulty in attending. No postponement application was received. |
Findings and Conclusions:
It is clear from the Respondent correspondence that it was on notice of the hearings and proceeded on that basis. In the absence of undisputed evidence from the Respondent. I find the complaint is well founded. |
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.
I find the complaint is well founded. I order the Respondent to pay the Complainant the net amount of €3,952.92 being the wages he failed to pay on 7 February 2025 together with €400 in annual leave payment , also due on 7 February 2025. |
Dated: 16-03-2026
Workplace Relations Commission Adjudication Officer: Una Glazier-Farmer
Key Words:
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