Act

Complaint/Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under Section 9 of the Protection of Employees (Employers’ Insolvency) Act, 1984.

CA-00009573-001

17/11/2016

Complaint seeking adjudication by the Workplace Relations Commission under Regulation 6 of the European Communities (Protection of Employment) Regulations 2000

CA-00009573-002

17/11/2016

She stated that she received an award from an Equality Tribunal on the 13th of April 2016 which has not been appealed or implemented. She sought payment through the insolvency fund as the former employer was in receivership. The receiver would not pay it and the department have also refused to do so. She also got an award from the Labour Court under the Organisation of Working Time Act on 13/04/2015. The Department didn’t pay it either. This is the same as an employer that can’t pay. The Receiver is the employer and they can’t pay. So there is no difference it’s in the interpretation. She is claiming that the Minister should pay from the insolvency fund.

Respondent’s Submission and Presentation:

The Respondent stated that the employer went into receivership on 28^th August 2009. The business closed on 16^th September 2014. The Company Registration Office lists the company as still in receivership. In 2009 when the Receiver was appointed claims for arrears in respect of 3 or 4 employees were administered but not the Complainant.

It is their position that insolvency payments became payable up to the date of receivership. Once the Receiver is appointed it becomes the responsibility of the Receiver. The Department would pay arrears of wages, holidays, notice, pension contributions and awards outstanding up to the date of the receivership. These claims for awards of the Equality Tribunal and the Labour Court are for a period after the Receiver was appointed.   The Receiver has not been made redundant.

This claim is rejected.

Findings

I note the conflicting positions of both parties.

I accept the position as set out by the Department’s Representatives.

I find that insolvency payments become payable up to the date of receivership.

I accept that once the Receiver is appointed it becomes their responsibility.

I find that the claims in respect of awards made by the Equality Tribunal and the Labour Court occurred after the Receiver was appointed.

Therefore I find it is the responsibility of the Receiver.

I find that the Minister has not failed to pay the amounts claimed.