ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00004067

Complaint for Resolution:

Venue: Ashdown Park Hotel, Gorey, Co Wexford.

Date of Adjudication Hearing: 28/11/2016

Workplace Relations Commission Adjudication Officer: Eugene Hanly

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.

Background

The Complainant was employed as a Sales Assistant from 22^nd September 2014 to 23^rd January 2015. He was paid €8.85 per hour and worked full time. He has claimed that he did not receive minimum notice.

Complainant’s Submission and Presentation:

The Complainant stated that the Respondent advised him in early Spring that that the store would be closing in April 2015. It didn’t close then and he was advised that it would be on 24^th May 2015. It didn’t close on that date. He was then advised that it would close the end of the Summer 2015. He was then advised that it would be 24^thJanuary 2016. He was then told that it would be 31^st January 2016. It was only when certain fixtures were removed from the store a few days before 23rd January 2016 that he knew for certain that it was closing. He never received written notice of termination.

He has claimed minimum notice.

Respondent’s Submission and Presentation:

I note that the business is in liquidation.

I note that the Liquidator was not represented.

Findings

I note that the Respondent had indicated that the store would close ever since the Spring 2015.

I note that the Respondent kept changing the potential date of closure.

I accept the Complainant’s evidence that he only knew for certain that the store was closing on 23^rd January 2016 when certain fixtures were removed from the store a few days before that date.

I find that he did not receive proper notice.

I find that the Respondent has breached this Act.

I find that he is entitled to one week’s pay in notice.

Decision:

Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.

I have decided that the Complainant is entitled to one week’s notice.

I order the Respondent to pay the Complainant €345.15 within six weeks of the date below.

Eugene Hanly

Adjudication Officer

Dated:   01 March 2017