ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00005569
Complaint(s)/Dispute(s) for Resolution:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00007701-001 | 19/10/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00007701-002 | 19/10/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00007701-003 | 19/10/2016 |
Date of Adjudication Hearing: 06/03/2017
Workplace Relations Commission Adjudication Officer: Emile Daly
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015 [and/or Section 8(1B) of the Unfair Dismissals Act, 1977, and/or Section 9 of the Protection of Employees (Employers’ Insolvency) Act, 1984, and/or Section 79 of the Employment Equality Act, 1998, and/or Section 25 of the Equal Status Act, 2000] 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).
Attendance at Hearing:
A Child Care Assistant v. A Creche
Complainant’s Submission and Presentation:
My Employer is refusing to pay redundancy but the business shut down |
I did not get enough notice on closure of buisness.I received a text message on Saturday 30th May 2016 stating the buisness was not reopening. |
I have not received my wages for the last week i worked. |
The Complainant gave evidence in relation to the three claims:
Redundancy
Date of birth: 10 November 1981
Date of Commencement: 22 May 2006
Date of Termination: 30 April 2016
Gross Pay (weekly): €222.00
Payment of Wages
The Complainant was not paid her last week of wages namely €219.78
Minimum Notice
The Complainant received no notice that her job was to come to an end
Gross weekly pay was €222.00 per week
Respondent’s Submission and Presentation:
No appearance
Decision:
Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
On the basis of the uncontested evidence of the Complainant I find that all three claims are well founded and I award as follows
Redundancy Claim
The Complainant is entitled to a redundancy lump sum based on the following period of insurable employment:
Date of birth: 10 November 1981
Date of Commencement: 22 May 2006
Date of Termination: 30 April 2016
Gross Pay (weekly): €222.00
Minimum Notice Claim
The Complainant is entitled to four weeks gross pay having completed 9 years and 11 months work with the Respondent.
Sub total: €888.00
Payment of Wages Claim
The Complainant is entitled to one week net salary.
Sub total €219.78
Dated: 12th April 2017