ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00004400

Complaint:

Date of Adjudication Hearing: 21st April 2017

Workplace Relations Commission Adjudication Officer: Kevin Baneham

Location of Hearing: Dublin

Procedure:

On the 10^th August 2016, the complainant referred a complaint to the Workplace Relations Commission pursuant to the Payment of Wages Act. The complaint was scheduled for adjudication on the 21^st April 2017. The complainant is a chef and the respondent was a café-restaurant.

This adjudication involves the same parties as ADJ 7024, which addresses a Redundancy Payments claim from the same complainant against the same respondent. Both adjudications took place at the same time.

At the time the adjudication was scheduled to commence, it became apparent that there was no appearance by or on behalf of the respondent, a limited company. I verified that the respondent had been served with notification of the time, date and venue of the adjudication. I was satisfied that notification had been sent to the registered address of the respondent as well as to an address from which the company director associated with the respondent continues to trade. Having been satisfied as to service, I waited some time to accommodate a late arrival. Having taken these steps, I proceeded with the adjudication in the absence of the respondent.

In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaint to me by the Director General of the Workplace Relations Commission, 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, a chef, claims an entitlement to a notice pay and holiday pay due at the end of his employment with the respondent.

Summary of Complainant’s Case:

The complainant outlined that he worked as a chef in the café-restaurant operated by the respondent. His employment commenced on the 4^th April 2012. He was paid €10 per hour and would typically earn €430 per week. In relation to the end of his employment, the complainant outlined that he and the other staff of the café-restaurant were told on the 21^st June 2016 that it would close on the following Sunday, the 26^th June 2016. He worked and was paid for this week. He received no further pay from the respondent. The complainant outlined that he was also owed €108.30 in holiday pay at the end of his employment.

Summary of Respondent’s Case:

The respondent did not attend the adjudication and did not make submissions to it.

Findings and Conclusions:

The complainant commenced working for the respondent on the 4^th April 2012. He received remuneration of €430 per week and worked as a chef. The complainant gave uncontroverted evidence that he was informed on the 21^st June 2016 that his employment would end by way of redundancy on the 26^th June 2016. I accept the complainant’s evidence that he was due holiday pay of €108.30. Given that the complainant had worked for the respondent for four years, he was entitled to two weeks of notice pay. He is therefore entitled to one additional week’s pay, i.e. €430. The sum of the amounts of holiday pay and notice pay due is €538.30.

Decision:

CA-00006402-001

Section 41 of the Workplace Relations Act 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 decide that the complaint made pursuant to the Payment of Wages Act is well founded and that the respondent shall pay to the complainant the total amount of €538.30, this being his entitlement to notice pay of €430 and holiday pay of €108.30.

Dated:   24^th May 2017

Workplace Relations Commission Adjudication Officer: Kevin Baneham

Key Words:

Payment of Wages Act

Notice pay

Holiday pay