ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00004104
Complaint(s)/Dispute(s) for Resolution:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00005461-001 | 23/06/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00005461-002 | 23/06/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00005461-004 | 23/06/2016 |
Date of Adjudication Hearing: 14/11/2016
Workplace Relations Commission Adjudication Officer: Michael Hayes
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015 and the abovementioned Acts, 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:
CA-00005461-001 The complainant submits that she commenced her employment with the respondent on the 2nd of April 2007 as a shop assistant. She was paid €273.28 per week. The business was seamlessly transferred to the owner’s son on the 1st of July 2011. She was verbally informed on the 25th of April 2016 that the shop would close on the following week. She continued to work for the following three weeks i.e. to the 17th of May 2016. She submits that she is owed one week’s notice having a statutory entitlement to four weeks and only having been paid for three.
CA-00005461-002 The complainant submits that she never received written terms and conditions of employment in breach of s. 3 of the Act.
CA-00005461-004 The complainant submits that she is entitled to statutory redundancy for the total period of her employment.
Decision:
CA-00005461-001 Based on the uncontested evidence adduced at hearing I find that the complaint is well founded. The complainant received less than her statutory entitlement under this Act (she was paid for three weeks instead of four). I hereby require that the respondent pay her one weeks pay in the amount of €273.28 (say two hundred and seventy three euro and 28 cent) to fulfil her statutory entitlement to notice.
CA-00005461-002 Based on the uncontested evidence adduced at hearing I find that the complaint is well founded. I hereby require that the respondent pay the claimant €546.56 (say five hundred and forty six euro and 56 cent) for breach of s. 3 of the Act.
CA-00005461-004 Based on the uncontested evidence adduced at hearing I find that the complaint is well founded. I hereby award the complainant her statutory entitlement to redundancy payment under this Act based on the following parameters: -
Date of Commencement: 2nd of April 2007
Date of Termination: 17th of May 2016
Gross Weekly Pay: €273.28 per week
The award is made subject to the complainant having been in insurable employment under the Social Welfare Acts during the relevant period.
Dated: 05/04/2017