ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00008681
Parties:
| Complainant | Respondent |
Anonymised Parties | A seamstress | An alterations company |
Representatives | In person | Did not attend |
Complaint:
|
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 |
CA-00011469-001 | 22/05/2017 |
Date of Adjudication Hearing: 23/10/2017
Workplace Relations Commission Adjudication Officer: Andrew Heavey
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015, following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
Background:
The Complainant was employed by the Respondent from 13th July 2015. In December 2016, the Respondent sold its business to a new owner and the complainant’s employment transferred in line with the transfer of undertakings regulations. The complainant remained in the employment of the new owner for a number of weeks and subsequently left the employment. The Complainant’s gross weekly pay was €386.08 |
Summary of Complainant’s Case:
The Complainant contends that she was informed by the Respondent that her entitlements were now the responsibility of the new owners and that she should seek the outstanding payments due to her from them. The complainant stated that the new owner denied any knowledge of the situation and said that he would not pay anything that was owed to her. The complainant stated that she has not been able to clarify the situation as she has been unable to make contact with the Respondent since the business transferred to the new owner. The complainant contends that she is owed 11 days’ holidays for the 2016 -2017 annual leave year and was also not paid for her last week of employment with the Respondent. |
Summary of Respondent’s Case:
The Respondent did not attend the adjudication hearing and was not represented. |
Findings and Conclusions:
I find that the Complainant was not in the employment of the Respondent at the time the complaint was made to the Workplace Relations Commission. The Respondent transferred its operations to the new owners on 31st December 2016. On that basis, the complainant’s entitlements became the responsibility of the new owners with effect from the date of the transfer. I find that as the new owners of the business were responsible for the complainant’s entitlements after the transfer took place on 31st December 2016, the complaint as submitted is incorrect. Time Limit for bringing a complaint Section 41(6) of the Workplace Relations Act, 2015 provides that a complaint must be brought to the Workplace Relations Commission within six months of the date of the contravention to which the complaint relates. The time limit can be extended by a further six months if an Adjudication Officer is satisfied that “reasonable cause” is shown for the delay in making a complaint. I accept the complainant’s contention that the new owner of the business denied that it was his responsibility to pay the monies owed to her. I find that this confused the complainant and she attempted to clarify the situation with the original owner but was unable to do so. I find that this misrepresentation from the new owner hindered the complainant from identifying the appropriate Respondent while seeking to vindicate her employment rights.
|
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
On the basis of the verbal submissions of the complainant and the fact that the incorrect Respondent was named in the complaint, I find that this complaint is not well founded. |
Dated: 6th December 2017
Workplace Relations Commission Adjudication Officer: Andrew Heavey
Key Words:
Transfer of Undertakings, annual leave entitlements. |