ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00004697

Complaint 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-00006382-001	10/08/2016
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967	CA-00006382-002	10/08/2016
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00006382-003	10/08/2016
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00006382-004	10/08/2016
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973	CA-00006382-005	10/08/2016

Date of Adjudication Hearing: 15/12/2016

Venue: Ardboyne Hotel, Navan, Co. Meath

Workplace Relations Commission Adjudication Officer: John Walsh

Procedure:

Under Section 39 of the Redundancy Payments Act, 1967 and under Section 6 of the Payment of Wages Act, 1961 and under Section 27 of the Organisation of Working Time Act, 1997 and under Section 11 of the Minimum Notice and Terms of Employment Act, 1973 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

Background:

The Complainant was employed as a waitress from the 12th of May 2005 to the 26^th of March 2016. She alleges that the respondent failed to pay her redundancy entitlements contrary to Section 39 of the Redundancy Payments Act, 1967. She alleges that the Respondent failed to pay her wages due contrary to Section 6 of the Payment of Wages Act, 1991. She alleges that the Respondent failed to pay her annual leave entitlements and public holiday entitlements contrary to section 27 of the Organisation of Working Time Act, 1997. She alleges that the respondent failed to pay her minimum notice contrary to section 11 of the Minimum Notice and Terms of Employment Act, 1973.

Complainant’s Submission:

Complaint taken under Section 39 of the Redundancy Payments Act, 1967. Ref. No: CA-00006382-002

The Complainant worked for over 10 years with the Respondent. She was paid at the rate of €170 per week. The business closed due to a fire but the Complainant did not receive her redundancy entitlements in accordance with the legislation.

The following is the Complainant’s redundancy entitlements:

10/7/1981

Employment Start Date: 12/5/2005

Notice of Termination: 26/3/2016

Employment End Date: 26/3/2016

Gross Weekly Wage: €170

Wage Ceiling: €600

Calculation of Statutory Service:

Years: 10

Days: 322

Number of Years Service: 10.88

Weeks Due: 21.76

Plus bonus week: 1

Total Weeks: 22.76

Redundancy Entitlements:

Statutory Entitlement: 22.76 x 170 = €3869.20

Respondent’s Submission:

The respondent did not attend at the hearing.

Decision:

Based on the uncontested evidence presented at the hearing, I find that the Compliant is well-founded. I order the Respondent to pay to the Complainant compensation in the sum of €3869.20 for breaches of Section 39 of the Redundancy Payments Act, 1967.

This sum must be paid within 6 weeks of the date of this decision.

__________________________________________________________________________________________

Complaint taken under Section 6 of the Payment of Wages Act, 1991. Ref. No: CA-00006382-001

Complainant’s Submission:

The complainant did not receive her final week’s wages in the sum of €170.

Respondent’s Submission:

The Respondent did not attend at the hearing.

Decision:

Based on the uncontested evidence presented at the hearing, I find that the Compliant is well-founded. I order the Respondent to pay to the Complainant compensation in the sum of €170 for breaches of Section 6 of the Payment of Wages Act, 1991.

This sum must be paid within 6 weeks of the date of this decision.

_______________________________________________________________________

Complaint taken under Section 27 of Organisation of Working Time Act, 1997. Ref. No: CA-00006382-003/004

Complainant’s Submission:

The complainant did not receive her annual leave entitlements on the termination of her employment. She is entitled to a sum of €176.80 in payment for annual leave (17 hours x 13 weeks = €221 x 8% = 17.68 hours x €10/hour)

The complainant did not receive her public holiday entitlements on the termination of her employment. She is entitled to 3 days public holiday entitlements in the sum of €510.

Respondent’s Submission:

The Respondent did not attend at the hearing.

Decision:

Based on the uncontested evidence presented at the hearing, I find that the Complaints are well-founded. I order the Respondent to pay to the Complainant compensation in the sum of €176.80 and €510 for breaches of Section 27 of the Organisation of Working Time Act, 1997 in relation to Annual Leave and Public Holiday Entitlements.

This sum must be paid within 6 weeks of the date of this decision.

_____________________________________________________________________________

Complaint taken under Section 11 of Minimum Notice and Terms of Employment Act, 1973. Ref. No: CA-00006382-005

Complainant’s Submission:

The complainant did not receive her statutory entitlement of 6 weeks notice on the termination of her employment in the sum of €1,020.

Respondent’s Submission:

The Respondent did not attend at the hearing.

Decision:

Based on the uncontested evidence presented at the hearing, I find that the Complaints are well-founded. I order the Respondent to pay to the Complainant compensation in the sum of €1,020. for breaches of Section 11 of Minimum Notice and Terms of Employment Act, 1973 in relation to Annual Leave and Public Holiday Entitlements.

This sum must be paid within 6 weeks of the date of this decision.

Dated: 25 April 2017