ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00004930
Complaint for Resolution:
Act
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973
CA-00006892-001
08/09/2016
Date of Adjudication Hearing: 16/01/2017
Workplace Relations Commission Adjudication Officer: Rosaleen Glackin
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, and following the referral of the complaint to me by the Director General, I inquired into the complaint 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 from 21st September 2009 until the employment terminated by reason of redundancy on 4th January 2016. The Complainant was paid €380.00 net per week. The Complainant referred a complaint to the Workplace Relations Commission on 8th September 2016 alleging the Respondent had not paid him his entitlements under the Minimum Notice and Terms of Employment Act, 1973.
Summary of Complainant’s Position.
The Complainant stated that he had been employed from September 2009. He stated that the Respondent had paid him Minimum Notice of €267.14 on 11th January 2016. He is claiming the balance of his notice.
Findings.
Section 41(6) of the Workplace Relations Act, 2015 provides that a complaint must be lodged with the Workplace Relations Act within the period of 6 months of the alleged contravention to which the complaint relates. However Section 41 (8) of the Act does allow for an extension of time due to reasonable cause. The Complainant sought an extension of time and explained that he had submitted a complaint to the WRC in relation to payment of his Redundancy entitlements and it was his understanding that this included his claim for payment of correct Minimum Notice. His complaint was heard on 22nd June 2016 but only in relation to his Redundancy complaint.
Decision. I agree to the extension of time.
Section 4 (1) (c ) of the Minimum Notice and Terms of Employment Act, 1973 provides that where an employee has been in the continuous employment of his Employer in excess of five years but less than ten years then he is entitled to payment of 4 Weeks Minimum Notice.
Decision.
In accordance with Section 41 (5) of the Workplace Relations Act, 2015 and in view of my findings above I declare this complaint is well founded. I direct the Respondent to pay the Complainant Minimum Notice of € 1252.86 (4 weeks x €380.00 net less €267.14 already paid). The sum of €1252.86 to be paid to the Complainant within 42 days of the date of this Decision.
Date: 26/04/2017