ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00010435
| Complainant | Respondent |
Anonymised Parties | A Recptionist | A Health Services Company |
Representatives | Marius Marosan Marius Marosan |
|
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00013837-001 | 09/09/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00013837-002 | 09/09/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00013837-004 | 09/09/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00013837-005 | 09/09/2017 |
Date of Adjudication Hearing: 22/02/2018
Workplace Relations Commission Adjudication Officer: Gerry Rooney
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015following the referral of the complaints to me by the Director General, I inquired into 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, a Romanian national, and was employed as a receptionist from 12th January 2017 until 30th June 2017. The Complainant was paid €10 an hour and worked a 20-hour week. The claimant indicated that the company had been struck off, and where it was listed for strike up on 29th October 2017.
Summary of Complainant’s Case:
CA-00013837-001 Complaint under Section 27 of the Organisation of Working Time Act, 1997
The Complainant submitted that they did not receive their paid holiday/annual leave in accordance with entitlements under the Organisation of working Time Act 1997. The Complainant worked for six months and alleged they were entitled to 10 days unpaid leave which they had not received.
CA-00013837-002 Complaint under Section 27 of the Organisation of Working Time Act, 1997
The Complainant submitted they did not receive their public holiday entitlements in accordance with the Organisation of working Time Act 1997.
CA-00013837-004 Complaint under Section 6 of the Payment of Wages Act, 1991
The Complainant maintained the respondent made an unlawful deduction from her wages to the amount of €430.64 on 30th June 2017 in that the Complainant was advised the money was deducted as taxes but when she checked with the Revenue Office she was advised the tax had not have been paid, and as such this amounts to an unlawful deduction from her wages.
CA-00013837-005 Complaint under Section 6 of the Payment of Wages Act, 1991
The Complainant submitted that the Respondent had not paid her for her last month of work and where she should have received a payment of €1,300 on 7th July 2017.
Summary of Respondent’s Case:
The respondent did not attend the hearing.
Findings and Conclusions:
The Complainant advised the company was struck off on 29th October 2017. I am satisfied the Company has been dissolved. Consequently, the Respondent Company in this case has ceased to have any legal existence and its assets (if any) have been vested in the Minister for Finance by virtue of Section 28 of the State Property Act, 1954.
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.
In the absence of any statutory provision giving a dissolved Company legal status, for the purpose of proceedings under the Act, I have no jurisdiction to hear this complaint.
Dated: 1st August 2018
Workplace Relations Commission Adjudication Officer: Gerry Rooney
Key Words:
Payment of Wages, Annual Leave and Public Holiday Entitlements, Company Dissolution. |