Case Number: ADJ-00013109. Workplace Relations Commission

• Court: Workplace Relations Commission
• Docket Number: ADJ-00013109
• Date: 05 July 2018
• Hearing Date: 13 June 2018
• Parties: A software company employee v A software company
• Respondent: A software company

ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00013109

Parties:

	Complainant	Respondent
Anonymised Parties	A software company employee	A software company

Complaint(s):

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994	CA-00017147-003	30/01/2018
Complaint seeking adjudication by the Workplace Relations Commission under Section 14 of the Protection of Employees (Fixed-Term Work) Act, 2003	CA-00017147-004	30/01/2018
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977	CA-00017147-005	30/01/2018

Date of Adjudication Hearing: 13/06/2018

Workplace Relations Commission Adjudication Officer: David Mullis

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015,Section 8 of the Unfair Dismissals Acts, 1977 - 2015, Section 14 of the Protection of Employees (Fixed term Work) Act, and Section 7 of the Terms of Employment (Information) Act, 1994, following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.

Background:

The Complainant had been headhunted from his, then, employment to leave and work for the Respondent on the 4th December 2017. By the 11th December 2017 the Respondent was verbally advising staff that there were funding issues in the business. This ultimately led to the liquidation of the business.

Summary of Complainant’s Case:

The complainant says that he had been asked by the Respondent to join the Respondent company from another organisation that he worked for. He joined the Respondent company on the 4th December 2017. Shortly thereafter – on the 11th December, the Respondent informed staff that he did not have funds to pay their wages as the business was going through funding difficulties. Financial backers had withdrawn their support. The Respondent advised employees by phone call and email over the following weeks that he hoped to get the funding back on track and that “funding will come this week”. The funding never arrived and the Complainant had gone into debt to maintain himself while still with the Respondent company until he resigned at the end of January 2018. He commenced with a new employer on the 5th February 2018. His main concern now is to recover wages due.

Summary of Respondent’s Case: ...