ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00002206
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-00002946-001 | 29/02/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00002946-002 | 29/02/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00002946-003 | 29/02/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00002946-004 | 29/02/2016 |
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).
Attendance at Hearing:
Parties | Complainant | Respondent |
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 the 25/01/2016 - 03/02/2016 as unpaid wages. I am due holidays which have not been paid and also I am due two weeks of back pay which I did not receive. |
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 September 2013 until February 2016 when the business closed.
The Claimant is claiming €478.50 in unpaid wages, €1,298.81 in holidays; they are also, seeking redundancy and notice.
The claim under the Unfair Dismissal Act was withdrawn.
Respondent’s Submission and Presentation:
The Respondent advised the Hearing that they did not intend to contest any of the claims except the unfair dismissal
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 2946 – 001
The Claimant is entitled to a payment Under the Redundancy Payments Act 1967.
Reference CA 2946 - 003
Under the Payment of Wages Act I award €1,177.60 for notice due and €1,399.20 for unpaid holidays.
Reference CA 2946 – 004
Under the Minimum Notice & Terms of Employment Act 1973 I award €1,840.00
Dated: 08 March 2017