ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00005390
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-00007555-001
12/10/2016
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997
CA-00007555-002
12/10/2016
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973
CA-00007555-003
12/10/2016
Date of Adjudication Hearing: 23/02/2017
Workplace Relations Commission Adjudication Officer: Rosaleen Glackin
Location of Hearing: Lansdowne House, Dublin 4
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 39 of theRedundancy Payments Acts 1967 - 2014 andfollowing 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 Manager with the Respondent from 26th September 2012 until the employment ceased by reason of redundancy on 9th November 2015 when the Respondent Company went into Liquidation and a Named Liquidator was appointed. This was confirmed in a letter to the Complainant from the named Liquidator dated 19th July 2016.
The Complainant filed complaints with the Workplace Relations Commission on 12th October 2016 claiming the Respondent had breached the Redundancy Payments Act, 1967 – had breached the Organisation of Working Time Act, 1997 – 2015 in relation to annual leave and public Holidays and had breached the Minimum Notice and Terms of Employment Act, 1973.
The Complainant sought an extension of time in relation to her complaints under the Organisation of Working Time Act and the Minimum Notice and Terms of Employment Act. The Complainant stated that she had been advised by letter dated 24th November 2015 from the Respondent that the Company was to be wound up effective from 11th December 2015 and that a named Liquidator had been appointed to the Company. The Complainant stated she had received a letter from the Liquidator to inform her that he had been appointed as the Liquidator by the High Court on 4th April 2016 and enclosing a questionnaire to be completed and returned by 7th September 2016. The Complainant stated she duly completed the questionnaire and emailed the Liquidator on 2nd September 2016 enquiring confirmation of receipt of her completed questionnaire
The Complainant also provided copies of emails to her former Employer and their responses in relation to outstanding payments due to her.
Summary of Complainant’s Case:
Redundancy Payments Act, 1967.
The Complainant stated that she had provided the named Liquidator with all the information he requested but has not received any confirmation from the Liquidator. She is claiming payment of her Redundancy Entitlements under the Act
Minimum Notice and Terms of Employment Act, 1973.
The Complainant is seeking payment of 2 weeks minimum notice. The Complainant was paid €2492.00 gross per month and she worked 40 hours a week.
Organisation of Working Time At, 1997 – 2015.
The Complainant is claiming payment of 19 days annual leave due and not paid on termination of her employment. The Complainant confirmed that the annual leave year was from April to March. The Complainant stated she worked each Public Holiday and is claiming payment for 7 Public Holidays due and not paid.
Summary of Respondent’s Case:
The Respondent did not attend the scheduled Hearing
Findings and Conclusions:
Redundancy Payments Act, 1967.
The Complainant was employed from 26th September 2012 to 9th November 2015 and this is confirmed in a letter from the Respondent dated 1st December 2015. I find that the Complainant is entitled to payment of her statutory redundancy entitlements under the Act.
Minimum Notice and Terms of Employment Act, 1973
This complaint was submitted to the WRC on 12th October 2015. Section 41(5) of the Workplace Relations Act, 2015 provides that a complaint must be lodged within the period of six months of the alleged contravention. However Section 41 (8) of that Act does allow for an extension of time due to “reasonable cause”. On the basis of the evidence presented to me at the Hearing I decide to give an extension of time. I find that the Complainant is entitled to payment of 2 week’s minimum notice on termination of her employment on 9th November 2015
Organisation of Working Time Act, 1997 – 2015.
This complaint was submitted to the WRC on 12th October 2015. Section 41 (5) of the Workplace Relations At, 2015 provides that a complaint must be lodged within the period of 6 months of the contravention to which the complaint relates. However Section 41 (8) of the Act does provide for an extension of time due to “reasonable cause”. On the uncontested evidence of the Complainant presented to the Hearing I decide to give an extension of time.
Section 19 and Section 23 – Annual Leave. The Annual Leave Year covered by this complaint is from 1st April 2015 to the date of termination on 9th November 2015. The evidence from the Complainant is that she worked 40 hours a week x 30 weeks x 8% = 96 hours = €1495.00. I find the Complainant is entitled to payment of €1495.00 on termination of her employment.
Section 21 – Public Holidays. This complaint was lodged with the WRC on 12th October 2016. Applying Section 41 (8) in respect of time limits to this complaint the period covered is from 13th October 2015 to 9th November 2015. The last Monday in October 2015 is the only Public Holiday encompassed in this reference period. I find that the Complainant is entitled to payment of € 124.60 in respect of this Public Holiday
Decision:
Section 41 of the Workplace Relations Act 2015 and Section 39 of the Redundancy Payments Act, 1967 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions of the Acts.
Redundancy Payments Act, 1967 CA-000075555-001
On the basis of my findings and in accordance with Section 39 of the Redundancy Payments At, 1967 I declare this complaint is well founded. I direct the Respondent to pay the Complainant her statutory redundancy entitlements in accordance with the Act, within 42 days of the date of this Decision.
Minimum Notice and Terms of Employment Act, 1973 – CA-000075555-002.
In accordance with my findings above and Section 41 (5) of the Workplace Relations Act, 2015 I declare this complaint is well founded. I direct the Respondent to pay the Complainant two weeks minimum notice of €1246.00 gross within 42 days of the date of this Decision.
Organisation of Working Time Act, 1997 – 2015 CA-000075555-003
In view of my findings above and in accordance with Section 41 (5) of the Workplace Relations Act, 2015 I declare this complaint is well founded. I direct the Respondent to pay the Complainant –
€ 1495.00 gross in respect of annual leave due and not paid on termination of her employment and
€ 124.60in respect of one Public Holiday – October 2015
These sums to be paid to the Complainant within 42 days of the date of this Decision
Dated: 15th May 2017
Workplace Relations Commission Adjudication Officer: Rosaleen Glackin
Key Words:
Redundancy – Minimum Notice – Annual Leave and Public Holidays