ADJUDICATION OFFICER DECISION

CORRECTING ORDER ISSUED PURSUANT TO SECTION 39 OF THE ORGANISATION OF WORKING TIME ACT 1997

This Order corrects the original Decision issued on 22/03/17 and should be read in conjunction with that Decision.

Adjudication Reference: ADJ-00002202

Complaint(s):

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-00002969-001	01/03/2016
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977	CA-00002969-002	01/03/2016
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00002969-003	01/03/2016
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973	CA-00002969-004	01/03/2016

Date of Adjudication Hearing: 15/11/2016

Workplace Relations Commission Adjudication Officer: John Tierney

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and/or Section 39 of the Redundancy Payments Acts 1967 - 2014 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	Respondent
Anonymised Parties	Hotel employee	Hotel

Background:

The hotel the Claimant worked for has gone into liquidation.

Summary of Complainant’s Case:

The Claimant was employed by the Respondent from June 2013 until February 2016 when the business closed.

The claimant is claiming €460.00 gross in unpaid wages and €1,298.81 gross in unpaid holidays. She is also claiming redundancy entitlement and notice.

The claim under the Unfair Dismissal Act is withdrawn.

Summary of Respondent’s Case:

The Respondents advised the Hearing that they were not contesting the claim.

Decision:

Section 41 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.

Section 39 of the Redundancy Payments Acts 1967 – 2012 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.

Based on the evidence presented to me I find the claims well founded and make the following awards;

Reference CA 2969-001

I find the claimant has an entitlement under the Redundancy Payments Acts 1967 – 2015.

Reference CA 2969-003

Under the Payment of Wages Act 1991 I award 368.00 in unpaid wages and €1,039.04 in unpaid holidays.

Reference CA 2969 -004

Under the Minimum Notice & Terms of employment Act 1973 I award €1,039.04.

Dated: 22/03/2017

Workplace Relations Commission Adjudication Officer: John Tierney

Key Words:

Liquidation

ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ00002202

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-00002969-001	01/03/2016
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977	CA-00002969-002	01/03/2016
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00002969-003	01/03/2016
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973	CA-00002969-004	01/03/2016

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).

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 as 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 June 2013 until February 2016 when the business closed.

The Claimant is claiming €460.00 in unpaid wages and €1,298.81 in unpaid holidays; they are also claiming redundancy entitlement and notice.

The claim under the unfair Dismissals Act is withdraw.

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 2969 – 001

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

Reference CA 2969 -003

Under the Payment of Wages Act 1991 I award €368.00

Reference CA 2969– 004

Under the Minimum Notice & Terms of Employment Act 1973 I award €1,039.04

Dated: 22^nd March 2017