ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00012315
| Complainant | Respondent |
Anonymised Parties | {An Employee } | {A Property Management Company} |
Representatives |
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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-00016321-001 | 14/12/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00016321-003 | 14/12/2017 |
Date of Adjudication Hearing: 07/03/2018
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 - 2014 Industrial Relations Acts 1969following 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 Assistant with the Respondent from 1st December 2014 to 1st December 2017. |
Summary of Complainant’s Case:
The Complainant was notified that the company was closing and he was being made redundant on 1st December 2017. He was not given proper notice nor consulted. He is paid 615.39 euro weekly. He is owed 1 month’s contractual notice, 2 weeks arrears of wages, and a redundancy payment. He was not paid any sums owed after the company closed. |
Summary of Respondent’s Case:
The Respondent was notified of the hearing date and there was no appearance at the hearing. |
Findings and Conclusions:
The Complainant furnished documentary evidence of his wages and notice period. Pursuant to S6 of the Payment of Wages Act 1991 I find the complaints are well founded and he is owed 2 weeks arrears of wages of 1,230.77 gross, 4 week’s payment in lieu of notice of 2,461.54 gross. In addition, I award 2 weeks wages as compensation for breach of the Act of 1,230.77 euro. Pursuant to S39 of the Redundancy Payments Act 1967-2012, I find that the Complainant’s normal weekly remuneration is 615.39 euro gross and that he was employed with the Respondent from 1st December 2014 to 1st December 2017. I direct payment of redundancy by the Respondent to the Complainant in accordance with the terms 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 and the Complainant is awarded 2 weeks arrears of wages of 1,230.77 gross, 4 week’s payment in lieu of notice of 2,461.54 gross, and 2 weeks wages as compensation for breach of the Act of 1,230.77 euro. I direct payment of a redundancy payment by the Respondent on the basis of normal weekly remuneration of 615.39 euro and his service from 1st December 2014 to 1st December 2017. |
Dated: 12th December 2018
Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll
Key Words:
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