ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00005195

Complaint(s)/Dispute(s) 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-00007209-001	27/09/2016
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967	CA-00007209-002	27/09/2016

Date of Adjudication Hearing: 17/02/2017

Workplace Relations Commission Adjudication Officer: Marguerite Buckley

Location of Hearing: The Mullingar Park Hotel

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaint(s) to me by the Director General, I inquired into the complaint(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s).

Background:

The Claimant is a childcare worker. She commenced working with the Respondent on the 1^st of July 2013.

Her employment ended on the 25^th of June 2016 as per her P45. She worked 39 hours a week and received a gross pay of €356.85.

Summary of Complainant’s Case:

Her employer stopped paying her in May 2016. The crèche and Montessori was still open and being run by the staff, however the company directors just stopped coming to work. It was like as if they abandoned the business.

The company director did engage with the legal representation for the Complainant sometime after correspondence had issued and payslips were issued.

Summary of Respondent’s Case:

The respondent did not attend

Decision:

Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the

complaint(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.

Regarding complaint CA/00007209/001

The Claimant was not paid from the 28^th of May 2016 to the date of termination of her employment which was the 25^th of June 2016. This is four weeks. I award her a gross payment of €1,427.40.

The Claimant was not paid any holiday pay on the termination of her employment. She had worked twenty five weeks in 2016 which amounted to 975 hours. 8% of the hours worked amounted to 78 hours which at her hourly rate of €9.15 amounts to a gross payment of €713.70 which I award to her.

The Claimant did not receive any notice. She is entitled to two weeks notice which is €713.70 gross which I award to her.

Regarding complaint CA/00007209/002

Having heard and considered the uncontested circumstances of this case, I am satisfied that the employment of the Complainant with the Respondent was terminated by way of redundancy. Accordingly my decision is that the Complainant is entitled to a statutory lump sum under the Redundancy Payments Acts 1967 to 2007 based on the following:

Date of commencement 1^st of September 2013

Date of termination 25^th of June 2016

Gross weekly wage €356.85

This decision is made subject to the Complainant being in insurable employment during the relevant time.

Dated: 5^th April 12017

Workplace Relations Commission Adjudication Officer: Marguerite Buckley

Key Words:

Unpaid wages, unpaid holiday, notice, redundancy