ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00007196
Parties:
| Complainant | Respondent |
Anonymised Parties | Sales Assistant | Retailer |
Representatives | None |
|
Complaint(s):
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-00009732-001 | 15/02/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 6 of the European Communities (Protection of Employment) Regulations 2000 | CA-00009732-003 | 15/02/2017 |
Date of Adjudication Hearing: 03/07/2017
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 9 of the Protection of Employees (Employers’ Insolvency) Acts, 1984 - 2012,] 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).
Ca-00009732-001
Payment of wages Act 1991
The claimant was employed by the respondent from the 11th March 2013 to the 28th December 2016. She was paid €343.61 gross (€311.46 net) per week working a 39 hour week. The claimant stated that she was outstanding wages of 4410.46, holiday pay of €555.00 and minimum notice €622.92. The total amount being claimed is €1588.38 net
Findings
The claimant received a letter from the respondent dated the 30th December stated the business is closed with effect as and from December 2016 and payment should be received from the department of Social Welfare 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)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
Based on the uncontested evidence I find the complaint to be well founded and I award the claimant €1588.38 net
CA-00009732-003
Redundancy /Insolvency
The claimant was employed by the respondent from the 11th March 2013 to the 28th December 2016. She was paid €343.61 gross (€311.46 net) per week working a 39 hour week. The claimant is seeking payment of redundancy for her period of employment
Findings
The claimant received a letter from the respondent dated the 30th December stated the business is closed with effect as and from December 2016 and payment should be received from the department of Social Welfare.
Decision:
Section 41 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.
[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.
Section 9 of the Protection of Employees (Employers’ Insolvency) Acts, 1984 – 2012 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 9 of that Act.
Based on the evidence I find the claimant is entitled to redundancy payment for the period of service from the 11th March 2013 to the 28trh December 2016 inclusive.
Dated: 24 August 2017
Key Words:
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