ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00002234
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-00003041-003 | 04/03/2016 |
Complaint seeking adjudication by the Work place Relations Commission under section 27 of the Organisation of Working Time Act, 1997 Pay | CA-00003041-004 | 04/03/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00003041-002 | 04/03/2016 Withdrawn at hearing |
Date of Adjudication Hearing: 13/09/2016
Workplace Relations Commission Adjudication Officer: Jim O'Connell
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015 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).
Redundancy Payments
The claimant was employed by the respondent from the 26th October 2012 until the 31st October 2015. He worked an average of 30 hours per week and he was paid €300 gross. The claimant stated the respondent closed the business with any notice. He made several attempts to contact them without success
Findings
The respondent did not attend
Based on the evidence as presented the claimant was employed by the respondent from the 26th October 2012 to the 31st October 2015. He is entitled to 7.04 weeks redundancy @ €300 and to the amount of €2112.00 in redundancy pay.
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.
Based on the uncontested evidence I award the claimant €2112.00 in redundancy pay.
Jim O’Connell
Adjudicating Officer
Organisation Working Time Act 1997
The claimant was employed by the respondent from the 26th October 2012 until the 31st October 2015. He worked an average of 30 hours per week and he was paid €300 gross. The claimant stated that he was owed 3 weeks in holidays pay.
Findings
The Respondent did not attend.
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.
Based on the uncontested evidence I award the claimant €1500 gross for holiday owed.
Jim O’Connell
Adjudicating Officer
Payment of Wages Act 1991
The claimant was employed by the respondent from the 26th October 2012 until the 31st October 2015. He worked an average of 30 hours per week and he was paid €300 gross. He stated that he was owed a week in Hand of €300 gross along with 2 weeks notice of €600 gross totalling €900 gross.
Findings
The respondent did not attend
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.
Based on the uncontested evidence I award the claimant €900 to cover his outstanding week in hand and his 2 weeks notice
Jim O’Connell
Adjudicating Officer
Date: 23rd November 2016