ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00004699
Complaints for Resolution:
Act
Complaint/Dispute Reference No.
Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991
CA-00006384-001
10/08/2016
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997
CA-00006384-002
10/08/2016
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997
CA-00006384-003
10/08/2016
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973
CA-00006384-004
10/08/2016
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967
CA-00006384-005
10/08/2016
Venue: Ardboyne Hotel, Navan, Co. Meath
Date of Adjudication Hearing: 15/12/2016
Workplace Relations Commission Adjudication Officer: John Walsh
Procedure:
Under Section 39 of the Redundancy Payments Act, 1967 and under Section 6 of the Payment of Wages Act, 1961 and under Section 27 of the Organisation of Working Time Act, 1997 and under Section 11 of the Minimum Notice and Terms of Employment Act, 1973 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.
Background:
The Complainant was employed as a waitress from the 1st of May 2002 to the 26th of March 2016. She alleges that the respondent failed to pay her redundancy entitlements contrary to Section 39 of the Redundancy Payments Act, 1967. She alleges that the Respondent failed to pay her wages due contrary to Section 6 of the Payment of Wages Act, 1991. She alleges that the Respondent failed to pay her annual leave entitlements and public holiday entitlements contrary to section 27 of the Organisation of Working Time Act, 1997. She alleges that the respondent failed to pay her minimum notice contrary to section 11 of the Minimum Notice and Terms of Employment Act, 1973.
Complainant’s Submission:
Complaint taken under Section 39 of the Redundancy Payments Act, 1967. Ref. No: CA-00006384-005
The Complainant worked for over 13 years with the Respondent. The business closed due to a fire but the Complainant did not receive her redundancy entitlements in accordance with the legislation.
The following is the Complainant’s redundancy entitlements:
D.O.B. – 18/4/1986
Employment Start Date: 1/5/2002
Notice of Termination: 26/3/2016
Employment End Date: 26/3/2016
Gross Weekly Wage: €232.50
Wage Ceiling: €600
Calculation of Statutory Service:
Years: 13
Days: 334
Number of Years Service: 13.92
Weeks Due: 27.84
Plus bonus week: 1
Total Weeks: 28.84
Redundancy Entitlements:
Statutory Entitlement: 28.84 x 232.50 = €6705.30
Respondent’s Submission:
The Respondent did not attend at the hearing.
Decision:
Based on the uncontested evidence presented at the hearing, I find that the Compliant is well-founded. I order the Respondent to pay to the Complainant compensation in the sum of €6705.30 for breaches of Section 39 of the Redundancy Payments Act, 1967.
This sum must be paid within 6 weeks of the date of this decision.
Complaint taken under Section 6 of the Payment of Wages Act, 1991. Ref. No: CA-00006384-001
Complainant’s Submission:
The complainant did not receive her final week’s wages in the sum of €232.50.
Respondent’s Submission:
The Respondent did not attend at the hearing.
Decision:
Based on the uncontested evidence presented at the hearing, I find that the Compliant is well-founded. I order the Respondent to pay to the Complainant compensation in the sum of €232.50 for breaches of Section 6 of the Payment of Wages Act, 1991.
This sum must be paid within 6 weeks of the date of this decision.
Complaint taken under Section 27 of Organisation of Working Time Act, 1997. Ref. No: CA-00006384-002/003
Complainant’s Submission:
The complainant did not receive her annual leave entitlements on the termination of her employment. She is entitled to a sum of €239.20 in payment for annual leave (23 hours x 13 weeks = €299 x 8% = 23.92 hours x €10/hour)
The complainant did not receive her public holiday entitlements on the termination of her employment. She is entitled to 3 days public holiday entitlements in the sum of €697.50.
Respondent’s Submission:
The Respondent did not attend at the hearing.
Decision:
Based on the uncontested evidence presented at the hearing, I find that the Complaints are well-founded. I order the Respondent to pay to the Complainant compensation in the sum of €239.20 and €697.50 for breaches of Section 27 of the Organisation of Working Time Act, 1997 in relation to Annual Leave and Public Holiday Entitlements.
This sum must be paid within 6 weeks of the date of this decision.
Complaint taken under Section 11 of Minimum Notice and Terms of Employment Act, 1973. Ref. No: CA-00006384-004
Complainant’s Submission:
The complainant did not receive her statutory entitlement of 6 weeks notice on the termination of her employment in the sum of €1,395.
Respondent’s Submission:
The Respondent did not attend at the hearing.
Decision:
Based on the uncontested evidence presented at the hearing, I find that the Complaints are well-founded. I order the Respondent to pay to the Complainant compensation in the sum of €1,395 for breaches of Section 11 of Minimum Notice and Terms of Employment Act, 1973 in relation to Annual Leave and Public Holiday Entitlements.
This sum must be paid within 6 weeks of the date of this decision.
Dated: 15th May 2017