ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00014556
| Complainant | Respondent |
Anonymised Parties | A Video Production Employee | A Video Production Company |
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-00018807-001 | 30/04/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00018807-002 | 30/04/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00019012-001 | 08/05/2018 |
Date of Adjudication Hearing: 25/09/2018
Workplace Relations Commission Adjudication Officer: David Mullis
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 39 of the Redundancy Payments Acts 1967 - 2014 and Section 6 of The Payment of Wages Act, 1991 following 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 worked for the Respondent company in the production of videos until the business closed in March 2018. |
Summary of Complainant’s Case:
The Complainant claims that she is owed unpaid wages, Minimum Notice and Redundancy payment. She claims that the amount due in Pay is €2,118 net She claims that the total due in Redundancy is €6,099. She says that the amount due in pay in lieu of notice is €1,324.62 net She says that she was promised payment of the full amounts due from the Respondent, on a number of occasions since the business closed. To date €I, 000 has been paid, leaving the above net amounts outstanding. She says that the company is not insolvent, as the Respondent decided, on advice, not to go through this route. |
Summary of Respondent’s Case:
The Respondent says that he agrees with the detail provided in the Complainant’s submission and is endeavouring to gather in monies owed to the business and says that he will pay the Complainant when this is achieved. In response to questions he advised that there was now enough money in the company’s bank account to pay the monies due to the Complainant, but that he needed to check with the company’s accountant as to whether these funds are now available for this purpose. He sought time to revert to his financial advisors on the payments issue and expected to pay the Complainant what she had claimed in her submission.
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Findings and Conclusions:
The issues have not been resolved. |
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.
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.
Section 6 of the Payment of Wages Act, 1991 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under the Act.
Section 39 of the Redundancy Payments Act, 1967 requires that I make a decision in relation to the complaints in accordance with the relevant provisions of the Act.
Complaint No. CA- I8807-001: The Complainant is seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 for the payment of Redundancy in the amount of -- ` I find for the Complainant and I say that she is entitled to the amount of €6,099.50 Complaint No. CA-18807-002: ` The Complainant is seeking adjudication from the Workplace Relations Commission under Section 6 of the Payment of Wages Act, 1991 and says that she is owed €2,790.10 nett. I find for the Complainant and say that she is entitled to this amount of wages due to her. The Complainant says, and the Respondent agrees, that she is due €1324.62 net in pay in lieu of notice. I find for the Complainant in this. Complaint No. CA-19012-001: The Complainant is seeking adjudication by the Workplace Relations Commission under Section 6 of the Payment of Wages Act, 1991. There was no submission put forward in relation to this complaint and so I conclude that it is subsumed into CA-18807-002 above and I make no further finding in relation to this claim. |
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Dated: 6th December 2018
Workplace Relations Commission Adjudication Officer: David Mullis
Key Words: |