ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00010058
Parties:
| Complainant | Respondent |
Parties | A Manager | A Delicatessen |
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-00013125-001 | 14/08/2017 |
Date of Adjudication Hearing: 24/08/2017
Workplace Relations Commission Adjudication Officer: Eugene Hanly
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 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 manager from 24th February 2011 to 14th February 2017. She was paid €322.00 gross per week. She has claimed that she did not get minimum notice. |
Summary of Complainant’s Case:
The Complainant stated that on Tuesday 14th February 2017 the business closed abruptly. She was paid a week wages that week. She has claimed that she is entitled to 4 weeks’ notice and was only paid for three days. She worked Monday and part of Tuesday. She has claimed for three weeks and three days’ notice. |
Summary of Respondent’s Case:
The Respondent stated that the business ran into financial difficulties. They were unable to pay the electricity bills and so on 14th February the electricity company cut off the supply and so the business had to close. She was paid a week’s wages that week and only worked one full day and a morning. They accept that she is owed minimum notice. |
Findings and Conclusions:
I find that the Complainant was owed 4 weeks’ notice according to this Act. I note that she was paid a week’s wage for week commencing 13th February. I find that she received wages for 1.5 days work and 3.5 days’ notice in total and so is owed 3.5 weeks amounting to €1,127. |
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 this Act.
I require the Respondent to pay the Complainant €1,127.00 within six weeks of the date below.
Dated: 29th August 2017
Workplace Relations Commission Adjudication Officer: Eugene Hanly
Key Words:
Minimum Notice |