ADJUDICATION OFFICER DECISION
A Worker V An Employer
Adjudication Decision Reference: ADJ-00000255
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-00000332-001 | 20/10/2015 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00000332-002 | 20/10/2015 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00000332-003 | 20/10/2015 |
Date of Adjudication Hearing: 01/02/2016
Workplace Relations Commission Adjudication Officer: Gerry Rooney
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015; Section 8(1B) of the Unfair Dismissals Act, 1977, Section 11 of the Minimum Notice & Terms of Employment Act, 1973, and section 27 of the Organisation of Working Time Act, 1997 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 complaint(s)/dispute(s).
Complainant’s Submission and Presentation:
The Claimant was employed as a sales assistant in a motor supply business on a fulltime basis from 09th February 2005. He stated that his employment ended on 26th May 2015 without notice when he was told over the phone on his last evening of work the business was closed. He claimed that he had not received his redundancy payment, his notice of termination, or his holiday pay entitlements (amounting to €400.20).
Respondent’s Submission and Presentation:
The Respondent did not make any submission to the WRC, not did they attend the hearing.
Adjudication Decision
Payslips provided by the Claimant shows that he received 45.6 hours holiday pay in his payslip of 26th may 2015 which meets his statutory entitlements. He is therefore not entitled for a further holiday pay.
Based on the uncontested evidence of the Claimant, the Adjudication awards the Claimant :
A lump sum payment under the Redundancy Payments Acts, 1967 to 2007, based on the following criteria:
Date of Commencement: 9th February 2005
Date of Termination: 26th May 2014
Gross Weekly Pay: €389.25
These awards are subject to the appellants having been in employment which is insurable for all purposes under the Social Welfare Consolidation Act 2005.
Payment for notice of termination In accordance with the Minimum Notice and Terms of Employment Act, 1973, based on six (6) weeks’ notice at the gross weekly pay of €389.25.
This award is made subject to the Complainant having been in insurable employment under the Social Welfare Acts during the relevant period.
Dated: 30/3/2016