ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00012190
Parties:
| Complainant | Respondent |
Anonymised Parties | {A Manager } | {A Property Management Company (In Liquidation)} |
Representatives |
|
|
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-00016319-001 | 14/12/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00016319-002 | 14/12/2017 |
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 a Manager with the Respondent from 3rd February 2014 to 1st December 2017. |
Summary of Complainant’s Case:
The Complainant earned 615.39 euros weekly wages from the Company. She is owed 2 weeks arrears of wages, 10 days annual leave, and 3 week’s payment in lieu of notice. She was notified of her redundancy on 24th November 2017, and dismissed on 1st December 2017. She is also owed redundancy which is unpaid. |
Summary of Respondent’s Case:
The Respondent was notified of the hearing and there was no appearance on its behalf. The Liquidator notified the WRC of his appointment as Liquidator on 12th February 2018, and said he was liasing with employees regarding outstanding wages and redundancy payments. |
Findings and Conclusions:
The Complainant provided documentary evidence of her weekly wages, and confirmed her employment from 3rd February 2014 to 1st December 2017. In accordance with S6 of the Payment of Wages Act 1991, I find the complaints are well founded and direct payment of 1,230.77 euro gross 2 weeks arrears of wages, 10 days holiday pay of 1,230.77 euro gross, and 3 weeks payment in lieu of notice of 1,846.17. I also award 2 weeks wages as compensation for the breach of 1,230.77 euro. I find the Complainant was employed from 3rd February 2014 to 1st December 2017 and her normal weekly remuneration was 615.39 euros. In accordance with S39 of the Redundancy Payments Act 1967-2012 I direct payment of Redundancy by the Respondent to the Complainant on the basis of her normal weekly remuneration and service, in accordance with the terms of the scheme. |
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 and I direct payment of 1,230.77 euro gross 2 weeks arrears of wages, 10 days holiday pay of 1,230.77 euro gross, and 3 weeks payment in lieu of notice of 1,846.17 by the Respondent to the Complainant. I also award 2 weeks wages as compensation for the breach of 1,230.77 euro. Pursuant to S39 of the Redundancy Payments Acts 1967-2012 I direct payment of a redundancy payment by the Respondent to the Complainant based on her normal weekly remuneration of 615.39, and service from 3rd February 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:
Breach of payment of wages Act, compensation, arrears of wages, redundancy payment |