ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00005201

Complaint(s):

Date of Adjudication Hearing: 24/11/2016

Workplace Relations Commission Adjudication Officer: Michael Hayes

Location of Hearing: Galway Maldron Hotel

Procedure:

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

Background:

The complainant was employed by the respondent as a production coordinator and supervisor in the period from 28^th of September 2009 until the 31^st of August 2016. He was paid €3984 net per month and he worked 40 hours per week. His weekly gross wage was €1,423.08. The complainant made written submission and both sides made oral submission to the hearing. The complainant received his statutory redundancy entitlement post hearing and therefore the complaints noted above under s. 39 of the Redundancy Payments Act 1967 have become superfluous.

Summary of Complainant’s Case:

CA-00007327-004 The complainant submits that the balance of wages and holiday pay owed to him on cessation amounts to €7798.98.

CA-00007327-005 The complainant submits that he did not receive his entitlement to statutory notice in accordance with the terms of the Act.

Summary of Respondent’s Case:

The respondent submits that as a result of the loss of a significant contract and inability to turn matters around in a timely fashion. Consequently it was forced to make the complainant redundant and notice was issued on the 18^th of August 2016 by mutual agreement. The complainant was unable to work beyond the 30^th of August. As a shareholder and senior employee he was intimately aware of the respondent’s predicament.

CA-00007327-004 The respondent accepts that the complainant is due and owed wages in the amount of €7,068 net. There is a discrepancy in the complainant’s calculation which relates to a payment of €700 made to him in March 2016 and which was not identified until after the employment ended.

CA-00007327-005 The respondent acknowledges that the complainant was entitled to one months notice but asserts that he worked part thereof in the period from 18^th of August 2016 until the 30^th of August 2013. He was paid up to the 31^st of August 2016.

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.

CA-00007327-004 The complaint is well founded. I hereby require that the respondent pay the complainant €7,068 (say seven thousand and sixty eight euro and 98 cent) net in compensation for breach of s. 5 of the Act.

CA-00007327-005 Noting that the letter of 18^th of August 2016 implemented the termination of the employment with immediate effect I find that the complainant received his entitlement to notice in part (9 days of 20 days were paid) and that therefore the complaint is well founded. I hereby require that the respondent pay the complainant the balance of notice due in the amount of €2,022 (say two thousand and twenty two euro).

Dated:   25/05/2017

Workplace Relations Commission Adjudication Officer: Michael Hayes