ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00001958
Complaints 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-00002483-001 |
04/02/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 |
CA-00002483-002 |
04/02/2016 |
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 and under Section 39 of the Redundancy Payments Act, 1967 and under section 6 of the Payment of Wages Act, 1991 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 was employed as a Business Analyst from 30th April 2008 to 3rd November 2014. He was paid €3,020.00 per month gross and €2,428.99 net. He has claimed that he is owed wages; holiday pay and minimum notice also he did not get statutory redundancy.
Complainant’s Submission and Presentation:
1) CA 00002483-001 Redundancy Payments Acts |
He stated that the business closed on 3rd November 2014. The Managing Director worked with the staff on having the business placed into liquidation. He advised them that a Liquidator would secure all their monies and redundancy payments once they were appointed. He kept promising that a liquidator would be appointed but it never happened. Ultimately they were told in October 2015 that they would not be placed into liquidation. |
It was then that the Complainant took action to secure the monies owed. He stated that he had one period of non-reckonable service from 1st June 2013 to 10th March 2014. He is claiming his entitlement to statutory redundancy.
Respondent’s Submission and Presentation:
The Respondent did not attend and was not represented.
Findings
Based on the uncontested evidence before this hearing I find that the Complainant did not receive statutory redundancy when his employment ended due to the closure of this business.
I note that he had one period of non-reckonable service from 1st June 2013 to 10th March 2014.
I find that he is entitled to the following payment in respect of statutory redundancy 14.04 weeks capped at €600 per week amounting to €8,424.00
Decision:
Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act and under Section 39 of the Redundancy Payments Act, 1967
I have decided that he is entitled to statutory redundancy amounting to €8,424.00, which should be paid within six weeks of the date below.
2) CA 00002483-002 Payment of Wages Act
See above No 1 for the reasons for not applying sooner and when the actual contravention occurred.
He stated that the business closed on 3rd November 2014. He has claimed that it was not until October 2015 that he knew that his wages would not be paid. He has claimed €4,857.97 in respect of his last two months wages, €1.848.16 in holiday pay and €2,428.99 in minimum notice. The total amount claimed is €9,135.12.
Respondent’s Submission and Presentation:
The Respondent did not attend and was not represented.
Findings
I note the difficult circumstances surrounding the closure of this business.
Based on uncontested evidence before this hearing I accept the Complainant’s evidence that the date when he knew for certain that his former employer would not get him his monies owed was October 2015. Therefore I find that the claim was in time.
I find that he is owed the following €4,857.97 in respect of his last two months wages, €1.848.16 in holiday pay and €2,787.69 not €2,428.99 as claimed in minimum notice. The total amount due is €9,493.82 gross.
Sec 6(2) of the Act states, “the commissioner shall order the employer to pay to the employee compensation of such an amount … not exceeding (a) the net amount of wages”.
Based on information provided on the claim form I find that €9,493.84 gross equates to €6,645.68 net.
Decision:
Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act and under section 6 of the Payment of Wages Act, 1991
I have decided that the employer has contravened Sec 5 of the Act.
As per Sec 6 (2) I have decided that the claim is well founded and I order the Respondent to pay the Complainant €6,645.68 within six weeks of the date below.
Dated: 19th July 2016