ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00012187
Parties:
| Complainant | Respondent |
Anonymised Parties | {An Employee} | {A Property Management Company (In Liquidation) } |
Representatives |
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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-00016301-001 | 13/12/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00016301-002 | 13/12/2017 |
Date of Adjudication Hearing: 21/03/2018
Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 39 of the Redundancy Payments Acts 1967 - 2014following 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 an Accounts Payable Assistant with the Respondent from 22nd December 2014 to 1st December 2017. |
Summary of Complainant’s Case:
The Complainant earned 577.50 euro per week working in Accounts. She was informed that she was being made redundant on 24th November 2017. She was dismissed due to redundancy on 1st December 2017. She is owed 3 weeks arrears of wages, 4 days holidays, and 7 weeks payment in lieu of notice. She was not paid any redundancy payment due. |
Summary of Respondent’s Case:
The Respondent was notified of the hearing and there was no appearance at the hearing by any representative. The Liquidator notified the WRC that he was appointed Liquidator of the Company on 12th February 2018 and he is processing Employee claims for wages and redundancy. |
Findings and Conclusions:
The Complainant furnished documentary evidence of her wages and contractual 2 month’s notice due. She gave evidence that she has not received any payment since her redundancy. Pursuant to S6 of the Payment of Wages Act 1991, I find the Complainant’s complaints are well founded and direct payment by the Respondent of 3 weeks arrears of wages of 1,732.50 gross, 4 days annual leave total 462 euro gross, and 7 weeks payment in lieu of notice of 4,042.50 gross euro. In addition, I award compensation of 2 weeks wages for breach of the Act of 1,155 euro. Pursuant to S39 of the Payment of Wages Act 1967-2012 I find the Complainant’s normal weekly remuneration is 577.50, and she was employed from 22 December 2014 to 1st December 2017. I direct payment of redundancy by the Respondent based on the Complainant’s weekly remuneration and service from 22nd December 2014 to 1st December 2017, in accordance with the rules of the scheme.
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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.
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.
My decision is that the complaints are well founded under the Payment of Wages Act 1991 and direct payment by the Respondent of 3 weeks arrears of wages of 1,732.50 gross, 4 days annual leave total 462 euro gross, and 7 weeks payment in lieu of notice of 4,042.50 gross euro. In addition, I award compensation of 2 weeks wages for breach of the Act of 1,155 euro. In accordance with S39 of the Redundancy Payments Act 1967-2012, I direct payment of redundancy by the Respondent to the Complainant based on her normal weekly remuneration of 577.50 and service from 22nd December 2014 to 1st December 2017, in accordance with the terms of the scheme. |
Dated: 06/12/18
Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll
Key Words:
Complaints well founded, arrears of wages, payment in lieu of notice |