ADJ-00008450

ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00008450

Parties:

	Complainant	Respondent
Parties	Restaurant Manager	Restaurant

Complaints:

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-00011433-001	19/05/2017
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967	CA-00011433-002	19/05/2017

Date of Adjudication Hearing: 28/08/2017

Workplace Relations Commission Adjudication Officer: Eugene Hanly

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 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 Restaurant Manager from 14^th September 2014 to 14^th March 2017. He was paid €461.53 gross and €404.81 net per week. He has claimed that he is owed wages, holiday pay, and minimum notice and he did not receive redundancy.

1) Payment of Wages Act - CA 11433-001

Summary of Complainant’s Case:

1)Wages

He stated that the restaurant closed down suddenly. He received a text from the owner on 14^th March 2017 telling him not to come in the next day as the restaurant was closing for refurbishment. It didn’t re-open. He stated that he did not get paid the last week’s wages amounting to €461.53.

2) Holiday pay

He got no holidays or holiday pay for 2017.

3) Minimum Notice

He stated that the business closed suddenly and he did not get notice.

Summary of Respondent’s Case:

The Respondent did not attend and was not represented

Findings and Conclusions:

I note correspondence on file advising the Respondent of the venue, date and time of the 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 as follows:

1) Wages

I accept that he was not paid for the last week’s work and is owed €404.81 net.

2) Holiday pay

I accept that he did not receive holidays or holiday pay.

I find that he is entitled to 2.5 months at 1.66 days per month = 4 days holidays amounting to €323.85 net.

3) Minimum Notice

I accept that he did not receive minimum notice and is entitled to 2 weeks notice as per the terms of the Minimum Notice and Terms of Employment Act, amounting to €809.62 net.

Sec 6(2) “the commissioner shall order the employer to pay to the employee compensation of such an amount … not exceeding (a) the net amount of wages”

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 Sec 5 of this Act.

I order the Respondent to pay the Complainant €1,538.28 net within six weeks of the date below.

1) Redundancy Payments Act 1967 - CA 11433-002

Summary of Complainant’s Case:

The Complainant stated that the restaurant closed down suddenly. He received a text from the owner on 14^th March 2017 telling him not to come in the next day as the restaurant was closing for refurbishment but it didn’t re-open. He did not receive any redundancy payment.

Summary of Respondent’s Case:

The Respondent did not attend and was not represented at the hearing.

Findings and Conclusions:

I note correspondence on file advising the Respondent of the venue, date and time of the 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 a genuine redundancy has taken place.

I find that the Complainant is entitled to statutory redundancy as per the terms of the Redundancy Payments Act 1967.

I find that the Complainant’s start date was 14^th September 2014. His termination date was 14^th March 2017.

I find that his Gross Pay was €461.53 per week.

Any award under the Redundancy Payments Act is subject to the Complainant having been in insurable employment for the relevant period under the Social Welfare Acts.

Decision:

Section 39 of the Redundancy Payments Acts 1967 – 2012 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.

I have decided that a genuine redundancy situation has occurred.

I have decided that the Respondent should pay the Complainant his statutory redundancy entitlements within six weeks of the date below.

Dated: 6/10/17

Workplace Relations Commission Adjudication Officer: Eugene Hanly

Key Words:

Wages, holiday pay, minimum notice, redundancy