ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00063826
Parties:
| Complainant | Respondent |
Parties | Margaret Downes | Hydrotech Water Supplies Ltd |
Representatives | Self-represented | Gerry Smyth |
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-00077412-001 | 11/11/2025 |
Date of Adjudication Hearing: 28/08/2026
Workplace Relations Commission Adjudication Officer: Conor Stokes
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:
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 and a witness for the respondent undertook to give their evidence under affirmation. Cross examination was facilitated. |
Summary of Complainant’s Case:
The complainant stated that the respondent owed her for six weeks’ pay and that it also awed her for 16 days outstanding holidays. In addition, she stated that she was owed a €400 ‘diesel payment’. |
Summary of Respondent’s Case:
The respondent stated that he didn’t understand how the complainant was owed as much as six weeks’ pay and 16 days holidays but indicated that he couldn’t argue with the submissions of the complainant. |
Findings and Conclusions:
The Payment of Wages Act defines wages in the following manner: "wages", in relation to an employee, means any sums payable to the employee by the employer in connection with his employment, including— (a) any fee, bonus or commission, or any holiday, sick or maternity pay, or any other emolument, referable to his employment, whether payable under his contract of employment or otherwise, and (b) any sum payable to the employee upon the termination by the employer of his contract of employment without his having given to the employee the appropriate prior notice of the termination, being a sum paid in lieu of the giving of such notice: Provided however that the following payments shall not be regarded as wages for the purposes of this definition: (i) any payment in respect of expenses incurred by the employee in carrying out his employment, (ii) any payment by way of a pension, allowance or gratuity in connection with the death, or the retirement or resignation from his employment, of the employee or as compensation for loss of office, (iii) any payment referable to the employee's redundancy, (iv) any payment to the employee otherwise than in his capacity as an employee, (v) any payment in kind or benefit in kind, (vi) any payment by way of tips or gratuities. The complainant outlined outstanding payments of €2,124 in wages and €1888 in outstanding holiday payments. The payments of expenses for diesel are outside the scope of this Act. Arising from the foregoing, I find that the complaint is well founded and consider that an award of €4,012 is appropriate and reasonable 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.
Having regard to all the written and oral evidence presented in relation to this matter, my decision is that the complaint is well founded and I direct the respondent to pay the complainant compensation of €4012 which is reasonable in the circumstances. |
Dated: 01/09/2026
Workplace Relations Commission Adjudication Officer: Conor Stokes
Key Words:
Payment of Wages – complaint well founded – award of compensation |
