ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00002506
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-00003488-001 | 24/03/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00003867-001 | 24/03/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00003867-002 | 24/03/2016 |
Date of Adjudication Hearing: 28/06/2016
Workplace Relations Commission Adjudication Officer: Emile Daly
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).
Complainant’s Submission and Presentation:
I rang my employer on 12th March to get my roster for the following week and was informed by my employer that the company had ceased trading. I asked him about my salary for the previous two weeks, my weeks back pay and my holiday pay which was outstanding. He stated that he would get back to me about those issues but he has failed to do so. I contacted him by text and phone on several occasions but he has failed to reply. I am at a loss as to what to do next and was advised to make a complaint about my employer to the Workplace Relations Commission. |
I have a reference number from you it is CA-00003488 |
The Complainant worked for the Respondent as a delicatessen manager. She started work on 1 June 2006 and her employment ended when the Respondent’s business ceased trading, without notice, on 11 March 2016.
Her gross salary was €506.40 per fortnight (€253.70 per week)
Her net salary was €462.63 per fortnight (€231.31 per week)
Her claim is for redundancy, for one week holiday pay and for four weeks unpaid wages)
Respondent’s Submission and Presentation:
No appearance
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 of the Complainant, I am satisfied that the Complainant is entitled to each of the three reliefs sought.
The Complainant is entitled to a redundancy payments based on her gross salary of €253.70 per week
She is entitled to holiday pay of one week, based on her net salary of €231.31 per week under the Organisation of Working Time Act 1997
Under the Payment of Wages Act 1991, she is entitled to four weeks wages based on her net salary of €231.31 per week.
The total award is to be calculated on her redundancy entitlement plus €231.31 (holiday pay) and €925.24 (unpaid wages)
Dated: 15th September 2016