ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00016181
Parties:
| Complainant | Respondent |
Anonymised Parties | A Service Engineer | An Engineering Company |
Representatives |
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Complaint(s):
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00021044-001 | 08/08/2018 |
Date of Adjudication Hearing: 19/11/2018
Workplace Relations Commission Adjudication Officer: Marian Duffy
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
Background:
The complainant was employed by the respondent from 5th March 2018 and he gave notice on the 27th June 2018 to say he was leaving the company and his employment was terminated on the 28th June 2018. He is claiming 4 weeks wages under the Payment of Wages Act in respect of notice. |
Summary of Complainant’s Case:
The complainant said in evidence that he gave notice by email dated 27th June 2018 that he was leaving the company. He said that he gave a month’s notice on that date and his final working date would have been the 3rd August 2018. However, the following day the Sales Manager Mr. A called him to a meeting and terminated his employment. He told him that he was finishing work that day, the 28th June 2018, and he removed the company van from him. He said that Mr. A promised him that he would pay him notice up until the 3rd August 2018, but he was not paid. |
Summary of Respondent’s Case:
The respondent stated that the complainant gave a week’s notice on the 27th June and he was asked to leave the following day. Mr. A said that the notice was due to expire on the 3rd July 2018 and he was paid up to that date. |
Findings and Conclusions:
The complainant is seeking payment in respect of 4 weeks’ notice as the respondent did not allow him to work out the notice he gave. I note that in the complainant’s email, notifying the respondent that he was leaving, he gave one week’s notice to expire on the 3rd July 2018. Therefore, I find that the complainant gave one week’s notice. Likewise, I note that the respondent agreed at the hearing to pay the complainant for one week’s notice. Therefore, I award the complainant one week’s notice in the amount of €575 gross. |
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.
I find that the complainant is entitled to one week’s notice. I order the respondent to pay him €575 gross in respect of the notice which is subject to any lawful deductions. |
Dated: 11-12-2018
Workplace Relations Commission Adjudication Officer: Marian Duffy
Key Words:
Payment of Wages Act, notice payment. |