Paul D Maier is a barrister specialising in the law of work, labour, and employment. Based in Dublin, Ireland, he is a member of the Law Library, having been called to the Bar in 2022.
Paul represents both employers and employees at all levels of the Courts, as well as before the Labour Court and the Workplace Relations Commission. He is a qualified arbitrator and is frequently commissioned to lead independent investigations and disciplinary procedures for organisations. Additionally, he is regularly engaged to provide legal advice and opinions on employment law and related matters.
Paul serves as the Editor of the Irish Employment Law Journal and Employment Law Report, and he is the Treasurer of the Employment Bar Association.
Background:
The Complainant was employed by the Respondent as a regional manager from 18 January 2022 to 30 August 2022. The Complainant alleged she was owed €592 in respect of annual leave accrued but not taken at the end of her employment, and €650 in respect of a bonus to which she was contractually entitled but did not receive. The Respondent, in written submissions to the WRC, alleged that the Complainant received all of her entitlements and in fact was overpaid by €1,015.38.
The Complainant attended the hearing and provided evidence to the Adjudication Officer stating her claim. The Respondent furnished written submissions which attempted to rebut the Complainant’s complaint, but did not attend the hearing in person.
Outcome:
The Adjudication Officer, noting the conflict of evidence between the parties as to whether the Complainant was overpaid or underpaid, preferred the evidence of the Complainant. The Adjudication Officer found both of the Complainant’s complaints were well-founded and instructed the Respondent to pay the Complainant the amounts which she claimed were unpaid.
Practical Guidance for Employers:
To successfully defend a complaint before the WRC, an employer must send a representative to fight the case and provide evidence to rebut the complaint made. Written submissions are not enough to win a case.
The full case is here:
https://www.workplacerelations.ie/en/cases/2023/october/adj-00043535.html
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