ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00006758

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-00009143-001	18/01/2017
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00009143-002	18/01/2017
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00009143-003	18/01/2017

Date of Adjudication Hearing: 25/05/2017

Workplace Relations Commission Adjudication Officer: Gaye Cunningham

Location of Hearing: The Anner Hotel, Thurles, Co. Tipperary

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 39 of the Redundancy Payments Acts 1967 - 2014 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 as a Housekeeping Assistant with the respondent from 15^th June 2006 to 4^th December 2016 when the hotel was closed down without warning.

She claims that she is entitled to the following on cessation of her employment:

Statutory Redundancy

Holiday Pay

Payment in lieu of minimum notice.

Summary of Respondent’s Case:

The respondent could not attend due to illness. His wife attended and stated that the hotel was closed suddenly by the Revenue authorities and the owner could not give minimum notice or redundancy.

Decision:

CA-00009143-001

The complainant is entitled to statutory redundancy based on her having been in insurable employment with the respondent from 15^th June 2006 to 4^th December 2016. I uphold her claim and require the respondent to pay to the complainant the sum of €3,565.21.

CA-00009143-002

On the uncontested evidence of the complainant, I find that two weeks annual leave were accrued and not taken on cessation of her employment. In accordance with the provisions of the Act, I uphold her complaint and require the respondent to pay to the complainant the sum of €324.70

CA-00009143-003

The complainant was entitled to 6 weeks statutory minimum notice. I uphold her claim and require the respondent to pay to the complainant the sum of €974.10.

Dated: 13^th June 2017