ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00007591
Parties:
| Complainant | Respondent |
Anonymised Parties | Construction Operative | Construction Company |
Representatives |
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Complaint:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00010260-001 | 15/03/2017 |
Date of Adjudication Hearing: 28/09/2017
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 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 as a construction worker from 16th February 2004 to 22nd December 2016. He was paid €783.00 per week. He has claimed that he did not get minimum notice. |
Summary of Complainant’s Case:
The Complainant stated that he was placed on temporary leave on 22nd December 2016. At the end of January, possibly early February he went to the company to establish his employment position. The owner told him that his job was gone. He was told that there were no funds to pay redundancy and notice. He has 13 years’ service and so has claimed 6 weeks’ notice amounting to 6 X €783.00 = €4,698. He had to claim the statutory redundancy through the redundancy fund. |
Summary of Respondent’s Case:
The Respondent did not attend and was not represented at the hearing. |
Findings and Conclusions:
I note correspondence on the file advising of the venue, date and time of this hearing. |
I note that the Respondent did not attend and was not represented at the hearing.
Based on the uncontested evidence before this hearing I find that the Complainant did not receive his entitlement to minimum notice.
I find that he had just less than 13 years’ service and as per the terms of the Minimum Notice and Terms of Employment Act he is entitled to 6 weeks’ pay amounting to €4,698.
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
I have decided that the Respondent has breached the Minimum Notice and Terms of Employment Act.
I order the Respondent to pay the Complainant €4,698 within six weeks of the date below.
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Dated: 25 October 2017
Key Words:
Minimum Notice |