ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00007822
| Complainant | Respondent |
Anonymised Parties | A Chef | A Restaurant |
Representatives | Self Represented | Non Appearance |
Complaint(s):
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-00010492-001 | 29/03/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00010492-002 | 29/03/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00010492-003 | 29/03/2017 |
Date of Adjudication Hearing: 18/07/2017
Workplace Relations Commission Adjudication Officer: Michael McEntee
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 ; Section 39 of the Redundancy Payments Acts 1967 – 2014; section 27 of the Organisation of Working Time Act, 1997 and Section 6 of the Payment of Wages Act, 1991 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).
1: Summary of Complainant’s Case:
Act | Complaint/Dispute Reference No. | Details of Complaint | Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00010492-001 | The Complainant did not receive any Redundancy payment on the closure of the Respondent business. | Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00010492-002 | The Complainant did not receive any accrued holiday pay (4 weeks) on the closure of the business. | Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00010492-003 | The Complainant did not receive any Statutory Notice on the closure of the Respondent business. |
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The Complainant supplied detailed Revenue P60 records, pay slips and financial Bank records to substantiate her case.
2: Summary of Respondent’s Case:
The Respondent did not attend the hearing and no explanation was forthcoming. I was satisfied that proper notice had been served. |
3: Findings and Conclusions:
On the basis of the evidence of the Complainant, which I found credible, and the records advanced in evidence I came to the following conclusions. Act | Complaint/Dispute Reference No. | Conclusions /Findings | Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00010492-001 | The Complainant is entitled to a Redundancy payment, calculated in accordance with the regulations of the Department of Social Protection, for her period of service with the Respondent. | Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00010492-002 | The Complainant did not receive any accrued holiday pay (4 weeks) on the closure of the business. The Complainant is due four weeks holiday pay (from the Pay slips a weekly wage averaged €310). Accordingly a sum of € 310 x 4 = €1,240 is now due. | Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00010492-003 | The Complainant did not receive any Statutory Notice on the closure of the Respondent business. The Complaint is due her Statutory Notice of two weeks pay |
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4: Decision:
Section 41 of the Workplace Relations Act 2015; Section 39 of the Redundancy Payments Acts 1967 – 2014; section 27 of the Organisation of Working Time Act, 1997 and Section 6 of the Payment of Wages Act, 1991 require that I make a decision in accordance with the relevant redress provisions of the cited Acts.
Act | Complaint/Dispute Reference No. | Conclusions /Findings Refer to Section Three (3) of this adjudication for detailed reasons. | Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00010492-001 | The Complainant is entitled to a Redundancy payment, calculated in accordance with the regulations of the Department of Social Protection, for her period of service with the Respondent. | Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00010492-002 | The Complainant did not receive any accrued holiday pay (4 weeks) on the closure of the business. The Complainant is due four weeks holiday pay (from the Pay slips a weekly wage averaged €310). Accordingly a sum of € 310 x 4 = €1,240 is now due. | Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00010492-003 | The Complainant did not receive any Statutory Notice on the closure of the Respondent business. The Complainant is due her Statutory Notice of two weeks pay = €310 x 2 = €620 |
The referenced Lump Sums to be paid within four weeks of the date of this Adjudication decision. |
Dated: 14th September 2017
Workplace Relations Commission Adjudication Officer: Michael McEntee
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