ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00002208

Complaint(s)/Dispute(s) for Resolution:

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00002968-001	01/03/2016
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977	CA-00002968-002	01/03/2016
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973	CA-00002968-003	01/03/2016
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973	CA-00002968-004	01/03/2016
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967	CA-00002968-005	01/03/2016

Date of Adjudication Hearing: 16/11/2016

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 am due payment from 25/01/2016 to 03/02/2016 as unpaid wages. I am also due holiday hours which have not been paid up to 03/02/2016

I was given no notice of the closure of the business. I received my P45 through post with no explanation.

I was given no notice. The company closed during working day with no explanation of when I would return to work.

I was not informed about my rights or entitlements when my employment ended regarding redundancy.

Complainant’s Submission and Presentation:

I was not informed about my rights or entitlements when my employment ended regarding redundancy.

I have given no notice of 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 us unpaid wages. I am due holiday hours which have not been paid. I didn't get payslip as well.

I was given absolutely no notice. The company closed during working day without any 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 €682.00 in unpaid wages and €763.29 in unpaid holidays; they are also claiming redundancy entitlement and notice.

The claim under the unfair Dismissals Act is withdrawn.

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 2968 – 005

I find the Claimant has an entitlement under the Redundancy Payments Act 1967.

Reference CA 2968 -001/4

Under the Payment of Wages Act 1991 I award €545.60 in unpaid wages and €610.63 in holidays due.

Reference CA 2968 – 004

Under the Minimum Notice & Terms of Employment Act 1973 I award €640.00.

DATED: 13^th March 2017