ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00006464
Parties:
| Complainant | Respondent |
Anonymised Parties | A Shop Supervisor | A Shop |
Representatives | An employee Rights Representative | Not present |
Complaint(s):
|
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-00008886-001 | 21/12/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 |
CA-00008586-001 | 05/12/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 |
CA-00008586-002 | 05/12/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 |
CA-00008586-003 | 05/12/2016 |
Date of Adjudication Hearing: 25/09/2017
Workplace Relations Commission Adjudication Officer: Peter O'Brien
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 submitted claims for redundancy, notice, holiday pay and public holidays. |
Summary of Complainant’s Case:
The Complainant was employed from May 15th 2013 to November 11th 2016 as Shop Supervisor. The owner abandoned the Shop and did not pay her redundancy, gave no notice, left holiday pay unpaid and did no pay public holidays. The Complainant was paid 450 Euros per week. The Complainant received 1,000 at the end of her employment but did not know what this was for. |
Summary of Respondent’s Case:
The Respondent was not present at the Hearing. |
Decision:
Section 39 of the Redundancy Payments Acts 1967 – 2012 requires that I make a decision in relation to the Complainants presented under that Act.
Based on the uncontested evidence of the Complainant I award her the following;
Under Claim Ref no; CA-00008586-001 I find that the Complainants employment was terminated suddenly and without notice and based on the evidence provided, which was uncontested, the operation of the shop had ceased and the Complainants employment terminated due to redundancy. Under Section 7.1 of the Act the Complainant is entitled to redundancy providing she was a Contributor under the Social Welfare Acts 1952 to 196 prior to her termination of employment and subject to her employment meetings these requirements and having been insurable under the Social Welfare Acts I find her appeal under the Redundancy Payments Acts 1967 to 2007 succeed and I award the Complainant a redundancy lump sum based on the following; Date of Commencement; May 15th 2013 Date of Termination November 22nd 2016 Rate of pay Gross per week; 450Euros.
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.
Based on the uncontested evidence of the Complainant I award her the following;
Under Claim Ref no; CA-00008586-002 I award the Complainant 10 days annual leave payment of 900 Euros.
Under Claim Ref no; CA-00008586-003 I award the Complainant two days public holidays payment to the amount of 180 Euros.
Under Claim Reference no CA-00008886-001 the Complainant sought an award for a payment of notice due to her termination of employment under the Payment of Wages Act 1991. The Payment of Wages Act 1991 does not entitle a Complainant to a notice payment as a notice payment is not technically pay. Therefore this claim is not well founded and no award is made under this claim reference number.
Dated: 14.11.2017
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Key Words:
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