Complainant

Respondent

Anonymised Parties

A Ladies fashion Retailer

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-00006662-001

26/08/2016

Complaint    seeking adjudication by the Workplace Relations Commission under Section 11    of the Minimum Notice & Terms of Employment Act, 1973

CA-00006662-002

26/08/2016

Complaint    seeking adjudication by the Workplace Relations Commission under section 27    of the Organisation of Working Time Act, 1997

CA-00006662-003

26/08/2016

The Complainant was employed as sales assistant from the   26^th of July 2010 to the 19^th of October 2015. She was   paid at the rate of €600 per week for working a 37.5 hour week. The   Respondent company went into liquidation on the 19^th of October   2015. The Complainant was effectively made redundant from that date. The   Respondent failed to pay the Complainant her statutory Redundancy   entitlements, her Statutory Minimum Notice Entitlements and her Annual Leave   Entitlements. She filed a complaint with the Workplace Relations Commission on   the 22^nd of August 2016.

CA-00006662-001-    Redundancy Payments Complaint                                                   

The Complainant’s Representative   outlined the following submission;

He stated that the liquidator   has submitted a written statement which he outlined as follows;

‘We wish to confirm that all   claims were prepared from this office as a result of the Directors of the   Respondent Company’s lack of cooperation in providing us with a statement of   affairs. Without this information the employees were unable to access the   social insurance fund so they had no alternative but to lodge a claim with   the Workplace Relations Commission in order to claim for their Statutory   Entitlements.’

The liquidator went on to state   in his statement;

‘This letter is to confirm that   there have been no realisations in this liquidation and that there are   therefore no funds available to meet the employee’s claims. There is no   prospect of future realisations. I can confirm that I first engaged with the   staff in relation to the liquidation in January 2016. Any delay was due to   protracted litigation initiated by the former Directors of the Respondent   Company (in official liquidation). ‘

The Complainant’s Representative   outlined the following Redundancy Entitlement for the Complainant;

Date of Commencement: 26/07/10

Date of Termination: 19/10/15

Number of Days Worked per Week: 5

Weekly Hours: 37.5

Number of Years Service: 5.24

Number of Weeks due: 11.48

Statutory Entitlement: €6888.00

CA-00006662-002- Statutory Minimum Notice Entitlements:

Time Limits:

The Complainant filed a complaint   with the Workplace Relations Commission on the 22^nd of August   2016. The Complainant’s employment terminated on the 19^th of   October 2015. In accordance with Section 41 of the Workplace Relations Act,   2015 an Adjudication Officer may not entertain a complaint under Section 21   of the Minimum Notice and Terms of Employment Act, 1977 if it has been   presented after the expiration of the period of 6 months beginning on the   date of the contravention to which the complaint relates.

The complaint filed by the   Complainant does not fall within the Statutory timelines; however, the   failure by the Complainant for the delay in presenting her complaint was due   to reasonable cause. The delay was due to protracted litigation initiated by   the former directors of the Respondent company.

Decision on Time Limits:

I have decided to extend the   time limit by a further 6 months due to reasonable cause.

The Complainant’s Representative   stated that the Complainant is due 4 weeks pay in relation to her Statutory   Minimum Notice in the sum of €2,400.

CA-00006662-003    – Organisation of Working Time Act, 1997                                              

The Complainant’s   representative stated that she was due outstanding wages on the termination   of her employment. She had taken 12 days annual leave. She had a full   entitlement to 14 days. She is therefore due a balance of 2 days annual leave   pay in the sum of €240.00.

The Respondent did not attend at the hearing. The   Liquidator provided a written statement to the Complainant’s representative   which is outlined in his submission.

Based on the uncontested evidence by the Complainant’s   Representative, I find that the Complaint is well-founded and that the   Complainant is entitled to her Statutory Redundancy Payments, her Statutory   Minimum Notice Entitlements and her Annual Leave Entitlements.

CA-00006662-001-    Redundancy Payments Complaint                         

Section 39 of the Redundancy   Payments Acts 1967 – 2012 requires that I make a decision in relation to the   complaint in accordance with the relevant redress provisions under that Act.

I find that the Complainant is   entitled to a Statutory lump sum under the Redundancy Payments Acts 1967 to   2014 based on the following criteria;

Date of Commencement: 26/07/10

Date of Termination: 19/10/15

Gross Weekly Wage: €600.00

This award is made subject to   the Complainant fulfilling current social welfare requirements in relation to   PRSI contributions.

CA-00006662-002- Statutory Minimum Notice Entitlements

I find that the Complainant is   entitled to her Statutory Minimum Notice Entitlements under the Minimum   Notice and Terms of Employment Act, 1973.

CA-00006662-003    – Organisation of Working Time Act, 1997

I find that the Complainant is   entitled to the balance of her Annual Leave Entitlement under the Organisation   of Working Time Act, 1997.