ADJ-00008008

ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00008008

Parties:

	Complainant	Respondent
Anonymised Parties	A Sales Assistant	A Retail Store

Complaint:

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-00010719-001	05/04/2017
Section 6 of the Payment of Wages Act 1991	CA-00010719-002	05/04/2017
Section 27 of the Organisation of Working Time Act 1997	CA-00010719-003	05/04/2017

Date of Adjudication Hearing: 19/09/2017

Workplace Relations Commission Adjudication Officer: Gaye Cunningham

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 39 of the Redundancy Payments Act 1967, and Section 6 of the Payment of Wages Act 1991 and Section 27 of the Organisation of Working Time Act 1997,following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.

Background:

The Complainant was employed by the Respondent from 9^th March 2014 to 14^th February 2016 and from 16^th June 2016 to 29^th December 2016. Her employment ended without notice when the shop closed. She claims that the Respondent has not paid her the following entitlements:

Statutory Redundancy based on the service above

Wages in the amount of €444.87 for which payslips were produced and statutory payment in lieu of notice of two weeks pay.

Payment for annual leave not taken in the amount of €513.86

The Respondent did not attend the hearing.

Findings and Conclusions:

CA-00010719-001

I find that the Complainant is entitled to statutory redundancy based on the following:

2.47 years service

4.94 weeks plus 1 bonus week
= €1,782

CA-00010719-002

I find that the Complainant is entitled to payment of the following:

€444.87 for wages not received

€500 payment in lieu of two weeks notice.

CA-00010719-003

I find that the Complainant is entitled to a payment of €513.86 for payment in lieu of annual leave not taken.

Decision:

The Complaints are upheld and the Complainant is entitled to her statutory redundancy payment outlined above. Further, the Respondent is required to pay to the Complainant the sum of : €1,458.73 in relation to her claims for wages and annual leave. This sum should be paid within 6 weeks of the date of this decision.

Dated: 16 November 2017

Workplace Relations Commission Adjudication Officer: Gaye Cunningham