CORRECTING ORDER ISSUED PURSUANT TO SECTION 39 OF THE ORGANISATION OF WORKING TIME ACT,1997
The order corrects the original decision issued on 20th July 2016 and should be read in conjunction with that decision
ADJUDICATION OFFICER DECISION/RECOMMENDATION
Complaint for Resolution:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00000969-001 | 20/11/2015 |
Parties: Mr Shane Kenny v Killinangel Beg Ltd
Date of Adjudication Hearing: 05/04/2016
Workplace Relations Commission Adjudication Officer: Eugene Hanly
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015 under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 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.
Attendance at Hearing:
By | Complainant | Respondent |
Parties | Shane Kenny | Sliderobes Ireland Ltd |
Representative |
| Did Not Attend |
Witnesses |
|
|
Background
The Complainant was employed as Production Manager from 18th July 1994 to 31st July 2015. He was paid €3,416.66 per month. He has claimed that he did not get his entitlement to minimum notice.
Complainant’s Submission and Presentation:
My employment with goes way back in July 1994, i worked my way up to ultimately finish up as production manager in July of this year, i finished my weeks work on the 17th of July as per normal at roughly 6pm, i had stayed on a little late in order to process all the next 2 weeks work for my team as i was due my annual leave on the Monday, as i was in the airport on the Monday 20th i got a call from one of my team informing me of the fact that we had just been told of the loss of our jobs, i took it upon myself to contact the office to speak with someone in authority in order to clarify what i had just been told, i was then told by the acting CEO that indeed i along with some others had lost their jobs with effect from 31st July 2015. i must say after 21 years of service i found this to be extremely rude and upsetting to find out in such a way especially after i had stayed late on the Friday and got paper work into the office over the weekend for the following 2 weeks, I had worked there for 21 years I feel especially aggrieved that i was barely given 2 weeks notification of the job ending while on holidays. I am seeking my entitlement to minimum notice which is 8 weeks based on my service. |
Respondent’s Submission and Presentation:
The Respondent did not attend and was not represented.
The Respondent wrote to the Complainant on 16th November 2015 advising that “the company had ceased trading and cannot meet the required payment”.
Issues for Decision:
I note that the Complainant had 21 years’ service and according to Sec 4(2)(e) he was entitled to 8 weeks’ notice or pay in lieu.
I find that he was on holidays for the period 20th to 30th July and he returned to work on 31st. He was paid as normal for the month of July 2015 only.
I find that he received no minimum notice.
I find that the period July 20th to 30th was holidays and may not be considered a notice period.
Therefore I find that he is owed 8 weeks’ pay in lieu of notice amounting to €788.46 X 8 = 6,307.68.
Decision:
Section 41(4) 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 and under Section 11 of the Minimum Notice & Terms of Employment Act, 1973.
I have decided that the Complainant is owed €6,307.68 and I order the Respondent to pay him this amount within six weeks of the date below.
Eugene Hanly
Adjudication Officer
Date: 20th July 2016
ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00000658
Complaint for Resolution:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00000969-001 | 20/11/2015 |
Venue: WRC Tom Johnson House, Haddington Rd, Dublin 4.
Date of Adjudication Hearing: 05/04/2016
Workplace Relations Commission Adjudication Officer: Eugene Hanly
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015 under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 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 was employed as Production Manager from 18th July 1994 to 31st July 2015. He was paid €3,416.66 per month. He has claimed that he did not get his entitlement to minimum notice.
Complainant’s Submission and Presentation:
My employment began way back in july 1994, i worked my way up to ultimately finish up as production manager in july 2015, i finished my weeks work on the 17th of july 2015 as per normal at roughly 6pm, i had stayed on a little late in order to process all the next 2 weeks work for my team as i was due my annual leave on the Monday, as I was in the airport on the monday 20th I got a call from one of my team informing me of the fact that we had just been told of the loss of our jobs, I took it upon myself to contact the office to speak with someone in authority in order to clarify what i had just been told, i was then told by the acting CEO that indeed i along with some others had lost their jobs with effect from 31st July 2015. I must say after 21 years of service I found this to be extremely rude and upsetting to find out in such a way especially after i had stayed late on the Friday and got paper work into the office over the weekend for the following 2 weeks, I had worked there for 21 years I feel especially aggrieved that I was barely given 2 weeks notification of the job ending while on holidays. I am seeking my entitlement to minimum notice which is 8 weeks based on my service. |
Respondent’s Submission and Presentation:
The Respondent did not attend and was not represented. The Respondent wrote to the Complainant on 16th November 2015 advising that “the company had ceased trading and cannot meet the required payment”.
Issues for Decision:
I note that the Complainant had 21 years’ service and according to Sec 4(2)(e) he was entitled to 8 weeks’ notice or pay in lieu.
I find that he was on holidays for the period 20th to 30th July and he returned to work on 31st. He was paid as normal for the month of July 2015 only.
I find that he received no minimum notice.
I find that the period July 20th to 30th was holidays and may not be considered a notice period.
Therefore I find that he is owed 8 weeks’ pay in lieu of notice amounting to €788.46 X 8 = €6,307.68.
Decision:
Section 41(4) 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 and under Section 11 of the Minimum Notice & Terms of Employment Act, 1973.
I have decided that the Complainant is owed €6,307.68 and I order the Respondent to pay him this amount within six weeks of the date below.
Date: 20th July 2016
CORRECTING ORDER ISSUED PURSUANT TO SECTION 39 OF THE ORGANISATION OF WORKING TIME ACT,1997
The order corrects the original decision issued on 20th July 2016 and should be read in conjunction with that decision
ADJUDICATION OFFICER DECISION/RECOMMENDATION
Complaint for Resolution:
|
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 |
CA-00000969-001 |
20/11/2015 |
Parties: Mr Shane Kenny v Killinangel Beg Ltd
Date of Adjudication Hearing: 05/04/2016
Workplace Relations Commission Adjudication Officer: Eugene Hanly
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015 under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 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.
Attendance at Hearing:
By | Complainant | Respondent |
Parties | Shane Kenny | Sliderobes Ireland Ltd |
Representative |
Did Not Attend | |
Witnesses |
|
|
Background
The Complainant was employed as Production Manager from 18th July 1994 to 31st July 2015. He was paid €3,416.66 per month. He has claimed that he did not get his entitlement to minimum notice.
Complainant’s Submission and Presentation:
My employment with goes way back in July 1994, i worked my way up to ultimately finish up as production manager in July of this year, i finished my weeks work on the 17th of July as per normal at roughly 6pm, i had stayed on a little late in order to process all the next 2 weeks work for my team as i was due my annual leave on the Monday, as i was in the airport on the Monday 20th i got a call from one of my team informing me of the fact that we had just been told of the loss of our jobs, i took it upon myself to contact the office to speak with someone in authority in order to clarify what i had just been told, i was then told by the acting CEO that indeed i along with some others had lost their jobs with effect from 31st July 2015. i must say after 21 years of service i found this to be extremely rude and upsetting to find out in such a way especially after i had stayed late on the Friday and got paper work into the office over the weekend for the following 2 weeks, I had worked there for 21 years I feel especially aggrieved that i was barely given 2 weeks notification of the job ending while on holidays. I am seeking my entitlement to minimum notice which is 8 weeks based on my service. |
Respondent’s Submission and Presentation:
The Respondent did not attend and was not represented.
The Respondent wrote to the Complainant on 16th November 2015 advising that “the company had ceased trading and cannot meet the required payment”.
Issues for Decision:
I note that the Complainant had 21 years’ service and according to Sec 4(2)(e) he was entitled to 8 weeks’ notice or pay in lieu.
I find that he was on holidays for the period 20th to 30th July and he returned to work on 31st. He was paid as normal for the month of July 2015 only.
I find that he received no minimum notice.
I find that the period July 20th to 30th was holidays and may not be considered a notice period.
Therefore I find that he is owed 8 weeks’ pay in lieu of notice amounting to €788.46 X 8 = 6,307.68.
Decision:
Section 41(4) 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 and under Section 11 of the Minimum Notice & Terms of Employment Act, 1973.
I have decided that the Complainant is owed €6,307.68 and I order the Respondent to pay him this amount within six weeks of the date below.
Eugene Hanly
Adjudication Officer
Date: 20th July 2016
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