ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00002844
Complaint(s)/Dispute(s) for Resolution:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00003898-001 | 18/04/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00003898-002 | 18/04/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00003898-003 | 18/04/2016 |
Date of Adjudication Hearing: 27/07/2016
Workplace Relations Commission Adjudication Officer: John Tierney
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015 [and/or Section 8(1B) of the Unfair Dismissals Act, 1977, and/or Section 9 of the Protection of Employees (Employers’ Insolvency) Act, 1984, and/or Section 79 of the Employment Equality Act, 1998, and/or Section 25 of the Equal Status Act, 2000] following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
Complainant’s Submission and Presentation:
The beauty parlor I worked in for 4 years closed and I applied to my employer for a redundancy payment. She said she could not pay so I requested a statement from her accountant on several occasions, but to date I have not received any letter or payment. I also sent an RP77 form to my employer and have no reply. |
I was not paid for one weeks holiday pay due to me and one weeks pay for work done. I received a payslip for these payments but no money was transferred to my account. |
I did not receive my statutory notice or payment in lieu on termination of my employment. |
Respondent’s Submission and Presentation:
There was an unexplained absence of the Respondent
Decision:
Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
[Section 8(1B) of the Unfair Dismissals Act, 1977 requires that I make a decision in relation to the unfair dismissal claim consisting of a grant of redress in accordance with section 7 of the 1977 Act.
Section 9(3) of the Protection of Employees (Employers’ Insolvency) Act, 1984 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 9(4) of that Act.
Section 79(6) of the Employment Equality Act, 1998 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 82 of the Act.
Section 25 of the Equal Status Act, 200 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 27 of that Act.]
Decision:
As there was an unexplained absence of the Respondent I accept the uncontested evidence presented on behalf of the Claimant. I find the claims well founded and make the following awards:
Under CA 3898 001
I find that the Claimant is entitled to a payment under the Redundancy Payments Act 1973.
Under CA 3890 002
I award €672.00 for holiday entitlements.
Under CA 3898 003
I award €672.00 for notice due.
I award a total of €1,344.00 and a redundancy entitlement.
Dated: 9th December 2016