ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00000983

Complaints for Resolution:

Act	Complaint	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967	CA-00001343-001	08/12/2015
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00001343-002	08/12/2015
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00001343-003	08/12/2015
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00001343-004	08/12/2015
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00001343-005	08/12/2015
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00001343-006	08/12/2015

Date of Adjudication Hearing: 24/03/2016

Workplace Relations Commission Adjudication Officer: Kevin Baneham

Procedure:

On 8 December 2015, the complainant referred complaints pursuant to the Payment of Wages Act and the Redundancy Payments Acts to the Workplace Relations Commission. The complaints were scheduled for adjudication on 24 March 2016.

The complainant attended the adjudication in person and was accompanied by a witness, a former colleague. At the time the adjudication was scheduled to commence, there was no appearance by or on behalf of the respondent Plc. I verified that the respondent was on notice of the adjudication and waited some time to allow for a late arrival. Having been satisfied regarding notice and having waited, I proceeded with the adjudication in the absence of the respondent.

In accordance with the Workplace Relations Act, 2015 and the Redundancy Payments Act, 1967, as amended by section 76 of the Workplace Relations Act, 2015, 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.

Complainant’s Submission and Presentation:

The complainant commenced employment with the respondent on 2 August 2011 and this came to an end on 24 November 2015. The respondent develops conservation projects in Brazil for carbon credits. The complainant outlined that she was on maternity leave from 6 April 2015 to the 23 November 2015. At the outset of her maternity leave, it was agreed between the complainant and the respondent that she would continue to receive her salary during maternity leave, having deducted the amount she received in Maternity Benefit from the Department of Social Protection. The complainant exhibited an email of 4 March 2015 confirming this agreement and she was paid accordingly for the first part of her maternity leave.

Issues arose with the payment of her salary for the months of July, August, September, October and November 2015. She outlined that despite receiving pay slips from the respondent, the monies stated as paid in her pay slips were never actually paid to her. Having deducted the amount in Maternity Benefit she received, the complainant said that she was owed wages for each month between July and November 2015. She provided the pay slips as evidence of what she is due. They provide that she is due the following gross amounts, having deducted the Maternity Benefit payment: July €2,071.33; August €2,117.33; September €1,979.33; October €478.80; and November 2015 €2,551.68. The sum of these amounts is €9,198.47.

In respect of her redundancy, she outlined that her date of birth is 27 November 1985. The complainant said that she worked for the respondent from 2 August 2011 until 24 November 2015, when she was dismissed by the respondent. She said that the respondent had acknowledged that she was entitled to a redundancy lump sum payment. It issued a pay slip to say that an amount had been remitted to the complainant, but she outlined that she never received any such payment.

The complainant refers to a letter from the respondent of 10 November 2015 where the respondent acknowledges that the complainant is owed her redundancy and unpaid wages. She outlined that she has suffered consequential loss because this unpaid income was included by Revenue in its assessment of her application for the home carer tax credit. She lost eligibility because of the income the employer had processed as paid in salary through PAYE, but not actually remitted to her.

Respondent’s Submission and Presentation:

The respondent did not make submissions in response to the complaints and did not attend the adjudication. In correspondence exhibited by the complainant, the respondent acknowledges it owes the debt claimed.

Findings and reasoning:

In documentation exhibited by the complainant, the respondent acknowledges that the complainant is owed wages for the period of July to November 2015. I find as fact that the complainant was not paid her wages for this period. It was agreed by the parties that Maternity Benefit would be deducted from her wages while the complainant was on maternity leave. Having deducted the Maternity Benefit payments from each month’s salary, the amount owed by the respondent to the complainant for each month is as follows: July €2,071.33; August €2,117.33; September €1,979.33; October €478.80; and November 2015 €2,551.68. The sum of these amounts is €9,198.47. Pursuant to the Payment of Wages Act, the complainant is entitled to redress of €9,198.47 from the respondent.

The respondent also acknowledged that the complainant is due a redundancy lump sum payment, pursuant to the Redundancy Payments Acts. I find as fact that the complainant was made redundant by the respondent on the day after the end of her maternity leave.

Accordingly, I am satisfied that a redundancy situation occurred in respect of the complainant and she is entitled to a redundancy lump sum payment under the Redundancy Payment Acts, 1967 to 2014, based on the following:

Date of birth: 27 November 1985

Date of commencement: 2 August 2011

Years of service: Four years and 16 weeks

Date of notice: 10 November 2015

End of employment: 24 November 2015

Gross weekly wage: €712 per week

Decision:

The Workplace Relations Act 2015 and the Redundancy Payments Act, 1967, as amended by section 76 of the Workplace Relations Act, 2015 require that I make decisions in relation to the complaints in accordance with the relevant redress provisions.

I decide that, pursuant to the Payment of Wages Act, the respondent shall pay to the complainant the amount of €9,198.47, being unpaid wages in the period of July to November 2015, having deducted Maternity Benefit received by the complainant.

I decide that, pursuant to the Redundancy Payment Acts, the complainant is entitled to a redundancy lump sum calculated according to the following criteria: