ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00005840

Complaints for Resolution:

Date of Adjudication Hearing: 01/02/2017

Workplace Relations Commission Adjudication Officer: Pat Brady

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 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.

Complainant’s Submission and Presentation:

This case is one of four involving complainants whose employment was ended peremptorily when their employment, a hairdresser closed with almost no warning. The complainant received a text message telling her that the business would not open the following day and that there was no money to pay wages which were due.

The complainant submitted she was owed two weeks wages and five and a half days’ annual leave, and payment for one public holiday.

She had not been given a statement of her terms of employment as required by the Terms of Employment (Information) Act 1994.

She also says that no notice payment was made.

Her weekly wage was €231.00

Respondent’s Submission and Presentation:

The respondent did not attend the hearing.

Findings and Conclusions.

While the respondent business had ceased trading it was notified of the arrangement for the hearing to its registered address.

The complainant presented credible evidence which I accept that she was owed two week’s wages and I uphold complaint CA-00007966-001 under the Payment of Wages Act, 1991.

I also find in her favour in respect of complaint CA-00007966-002 relating to the outstanding leave entitlements under the Organisation of Working Time Act 1997 of one public holidays and five and a half days annual leave.

Finally, I also accept her submission that she was not given the statement of her Terms of Employment required by the Terms of Employment (Information) Act 1994; complaint CA-00007966-003.

My awards following below are based on her weekly earnings being €231.00 per week.

No formal complaint was lodged under the Minimum Notice Act and I can make no finding in that regard.

Decision:

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

I uphold complaint CA-00007966-001 under the Payment of Wages Act, 1991 and award her two weeks’ wages at €231.00 per week, a total of €462.00.

I uphold complaint CA-00007966-002 relating to the outstanding leave entitlements under the Organisation of Working Time Act 1997 and award her six and a half days’ pay i.e. €300.30.

I uphold complaint CA-00007966-003 under the Terms of Employment (Information) Act 1994; and award her three weeks’ wages i.e. €693. This latter payment is compensation for breach of her rights under the Act and in line with Revenue guidelines is not liable to tax.

Dated:   16 March 2017