ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00014614
Parties:
| Complainant | Respondent |
Anonymised Parties | A Worker | A Restaurant |
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-00018972-001 | 04/05/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00018972-002 | 04/05/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00018972-003 | 04/05/2018 |
Date of Adjudication Hearing: 24/10/2018
Workplace Relations Commission Adjudication Officer: Emile Daly
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and/or Section 39 of the Redundancy Payments Acts 1967 - 2014following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
Background:
The Respondent’s café business shut down 30 September 2017, on the same day as staff were informed that they no longer had jobs. The complaint is for unpaid wages, minimum notice and redundancy payment. |
Summary of Complainant’s Case:
I started working for the Respondent on 10 March 2015 There was a transfer of undertaking in May 2017. At that point my employer became the Respondent. My employment ended on 30 September 2017. This was the same day as I was informed that I no longer had a job. I am making three complaints I am seeking one week of wages under the Payment of Wages Act 1991. Although I accept that I received a holiday payment at Christmas 2017 some of which may have been for wages. I am seeking minimum notice of two weeks based on in excess of 2 years continuous service under the Minimum Notice and Terms of Employment Act 1973 I am also seeking a redundancy payment under the Redundancy Payment Acts 1967 |
Summary of Respondent’s Case:
No appearance |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) 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.
There being no appearance on or on behalf of the Respondent I made steps to ensure that they were properly on notice, which they were. I then proceeded to hear and determine the case on the basis of the Complainant’s evidence alone
Payment of Wages Act 1991 The Complainant accepts that she received €1000.00 in Christmas 2017. This represented three weeks holiday and one week’s wages. Therefore as I was satisfied that the one week of wages that was due to the Complainant was discharged to her at this time I do not find this complaint to be well founded.
Minimum Notice and Terms of Employment Act 1973 The Complainant received no notice of the termination of her employment and she was entitled to two weeks. I therefore find this complaint to be well founded and I award the Complainant the sum of 2 weeks gross wages (€370 X 2 = €740) Award: €740
Redundancy Payments Act 1967 I find that based on the below information I find that based on her uncontested evidence I find her complaint for a redundancy payment to be well founded based on the following criteria: Commencement date 10 March 2015 Termination date, due to redundancy: 30 September 2017 Gross weekly wage €370.00 This award is made subject to the Complainant having been in insurable employment under the Social Welfare Acts during the relevant period.
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Dated: 14th December 2018
Workplace Relations Commission Adjudication Officer: Emile Daly