ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00007095
Parties:
| Complainant | Respondent |
Anonymised Parties | Sales Assistant | Retail Store |
|
|
|
Complaints:
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-00009696-001 | 14/02/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00009696-002 | 14/02/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00009696-003 | 14/02/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00009696-004 | 14/02/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00009696-005 | 14/02/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00009696-006 | 14/02/2017 |
Date of Adjudication Hearing: 03/08/2017
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 39 of the Redundancy Payments Act 1967, and Section 11 of the Minimum Notice & Terms of Employment Act 1973 and Section 27 of the Organisation of Working Time Act 1997 and Section 6 of the Payment of Wages Act 1991, 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.
Summary of Complainant’s Case:
The Complainant was employed by the Respondent from 6th October 2010 to 28th December 2016, when the premises in which she worked closed without notice. The Complainant stated that she wished to claim for statutory redundancy payment, payment for annual leave accrued and not taken, her entitlements for Public Holidays, payment for minimum notice and payment of the final week’s wage. |
Summary of Respondent’s Case:
The Respondent did not attend the hearing. |
Decision:
CA-00009696-001 Redundancy Payments Act 1967
The Complainant is entitled to a statutory redundancy payment based on the following information:
Date of birth: 15.04.1986
Date of service: 06.10.2010 – 28.12.2016 (6.24 yrs)
Weekly Pay: €352.22
Calculation: 13.48 weeks X €352.22 = €4747.93
I find that the complaint is well founded and the Complainant is entitled to the statutory redundancy payment of €4747.93
CA-00009696-002 Minimum Notice & Terms of Employment Act 1973
The complainant was entitled to 4 weeks minimum notice and I find her complaint well founded.
CA-00009696-003 Organisation of Working Time Act 1997
Section 23 of the Act provides that compensation be paid to an employee where a portion or the whole of annual leave entitlement has not been taken on cessation of employment. The Complainant was entitled to 2 weeks pay for annual leave at the end of her employment. I find her complaint to be well founded and I require the Respondent to pay to the Complainant the sum of €704.44.
CA-00009696-004 Organisation of Working Time Act 1997
Section 21 of the Act governs the entitlements of the employee to payment or time off for public holidays. Section 23 provides that where an employee has worked in the week before a public holiday, then that should be compensated on cessation of employment. In this case I find that the relevant public holidays are 25th December 2016, 26th December 2016 and 1st January 2017. I find the complaint to be well founded and I require the Respondent to pay to the Complainant the sum of €211.32.
CA-00009696-005 Payment of Wages Act 1991
The Complainant was entitled to receive 4 weeks minimum notice, in accordance with her service. I find the complaint well founded and I require the Respondent to pay to the Complainant the sum of €1,408.88
CA-00009696-006 Payment of Wages Act 1991
Based on the uncontested evidence of the Complainant, I find that her final week’s wage was not paid to her. I find her complaint to be well founded and I require the Respondent to pay to the Complainant the sum of €352.22.
Dated: 17th August 2017