ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00002207
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-00002947-001 | 29/02/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00002947-002 | 29/02/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00002947-003 | 29/02/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00002947-004 | 29/02/2016 |
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 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 €3990.00 in unpaid wages and €778.31 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The claim under the unfair Dismissals Act is withdrawn.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 2947 – 001
I find the Claimant has an entitlement under the Redundancy Payments Act 1967.
Reference CA 2947 -003
Under the Payment of Wages Act 1991 I award €3122.00 in unpaid wages and €622.40 in holidays due.
Reference CA 2947 – 004
Under the Minimum Notice & Terms of Employment Act 1973 I award €1,650.80
Dated: 10th May 2017