ADJ-00009142

ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00009142

Parties:

	Complainant	Respondent
Parties	A Complainant	A Respondent

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-00012010-001	20/06/2017
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00012010-002	20/06/2017

Date of Adjudication Hearing: 13/09/2017

Workplace Relations Commission Adjudication Officer: Michael Hayes

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and the abovementioned Acts, 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 respondent employed the complainant as a kitchen porter from the 26^th of June 2016 until the 17^th of April 2017. He earned an average of €130 per week during the period of employment. The cognisable period of complaint is from 21^st of December 2016 to date of termination. The parties were notified of the date, time and venue set for the hearing.

Summary of Complainant’s Case:

CA-00002010-0001 The complainant submits that he did not receive his entitlement to statutory minimum notice on termination of the employment. The business was closed without notice on the 17^th of April 2017.

CA-00002010-0002 The complainant submits that he did not receive his entitlement to statutory annual leave on termination of the employment. The business was closed without notice on the 17^th of April 2017.

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-00002010-0001 Based on the uncontested evidence adduced at hearing I find that the complaint is well founded and I hereby require that the respondent pay the complainant his entitlement to statutory minimum notice of €130 (say one hundred and thirty euro) in compensation for breach of s.5 of the Act.

CA-00002010-0002 Based on the uncontested evidence adduced at hearing I find that the complaint is well founded and I hereby require that the respondent pay the complainant €1020 (say one thousand and twenty euro – being his statutory entitlement to holidays in the amount of €520 and compensation of €500) for breach of s. 23 of the Act.

Dated: 20/11/17

Workplace Relations Commission Adjudication Officer: Michael Hayes