ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00004025
Complaints for Resolution:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00005621-001 | 01/07/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00005621-002 | 01/07/2016 |
Venue: Ardboyne Hotel, Navan, Co. Meath
Date of Adjudication Hearing: 22/11/2016
Workplace Relations Commission Adjudication Officer: John Walsh
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015 and under Section 6 of the Payment of Wages Act 1991 and under Section 39 of the Redundancy Payments Act, 1967 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.
Background:
The Complainant was employed as a manager with the Respondent from the 21st of September 2015 to the 11th of May, 2016. He was paid at a rate of €400 for working 40 hours per week. He alleges that the Respondent failed to pay him wages due contrary to Section 5(1) of the Payment of Wages Act, 1991. He also alleges that the Respondent failed to pay him his redundancy entitlements contrary to the Redundancy Payments Act, 1967.
Complainant’s Submission:
Complaint No.1 CA-00005621-001 – Re: Payment of Wages Complaint
On the 29th of April, The Respondent advised the Complainant that she was taking two weeks holidays and directed him to manage the shop while she was away. He agreed to do this and he worked for the 2nd, 3rd, 4th, 5th, 6th, 9th, 10th, 11th of May, 2016. On the 12th of May, two representatives from the franchise company met with him in the shop and advised him that the shop was to be closed down immediately. The Respondent was not present and the Complainant thinks that she has not returned to the country. He was not paid wages for the 8 days that he worked and he is owed the following monies;
8 days x €80.00 = €640.00
The Respondent also failed to pay him wages in relation to holidays due. He has worked a total of 1,336 hours for the period covering the 21st of September, 2015 to the 11th of May, 2016. Therefore he is owed 2.6 weeks holidays (8% x 1336 ÷ 100 = 106.88 hours = 2.6 weeks).
He is due wages in the sum of €1,040.00
Total wages due: €1,680.
Respondent’s Submission:
The Respondent did not attend at the hearing.
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.
Based on the uncontested evidence presented at the hearing, I find the complaint well-founded. I order the Respondent to pay to the Complainant compensation in the sum of €1,680 euros for breaches of Section 5(1) of the Payment of Wages Act, 1991.
This sum must be paid within 6 weeks of the date of this decision.
Complaint No.2 CA-00005621-002 – Re: Redundancy Payments Complaint
Complainant’s Submission:
On the 29th of April, The Respondent advised the Complainant that she was taking two weeks holidays and directed him to manage the shop while she was away. On the 12th of May, two representatives from the franchise company met with him in the shop and advised him that the shop was to be closed down immediately. The Respondent was not present and the Complainant thinks that she has not returned to the country. He alleges that the Respondent failed to pay him Redundancy Payment entitlements for the period that he worked.
Respondent’s Submission:
The Respondent did not attend at the hearing.
Findings:
To be entitled to a redundancy payment, an employee must have the requisite period of service worked with an employer. He or she must have 104 weeks of continuous employment attained after the age of 16 years. The Complainant does not meet this requirement and therefore does not have an entitlement to a redundancy payment.
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.
Based on the uncontested evidence presented at the hearing, I find the complaint is not well-founded and therefore fails.
Dated: 12/04/2017