ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00002204
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-00002970-001 | 01/03/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00002970-002 | 01/03/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00002970-003 | 01/03/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00002970-004 | 01/03/2016 |
Date of Adjudication Hearing: 15/11/2016
Workplace Relations Commission Adjudication Officer: John Tierney
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015 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).
Complainant’s Submission and Presentation:
I was not informed about my rights or entitlements when my employment ended regarding redundancy. |
I was given no notice of the closure of the business. I received my p45 through the post with no explanation. |
I am due payment from 25/01/2016-03/02/2016 as unpaid wages. I am due holidays hours which also have not been paid. |
I was given absolutely no notice . The company closed during a working day with no explanation of when I would return to work. |
The Claimant was employed by the Respondent from April 2008 until February 2016 when the business closed.
The Claimant is claiming €440.00 in unpaid wages and €858.00 in unpaid holidays; they are also claiming redundancy entitlement and notice.
The claim under the unfair Dismissals Act is withdraw.
Respondent’s Submission and Presentation:
The Respondents advised the Hearing that they were not contesting the claims
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.
Based on the evidence presented to me I find the claims well founded and make the following awards;
Reference CA 2970 – 001
I find the Claimant has an entitlement under the Redundancy Payment Act 1967.
Reference CA 2970 -003
Under the payment of Wages Act 1991 I award €352.00 in unpaid wages and €686.40 in unpaid holidays
Reference CA 2970 – 004
Under the Minimum Notice & Terms of Employment Act 1973 I award €686.40
Dated: 07 February 2017