ADJUDICATION OFFICER DECISION

 Adjudication Reference: ADJ-00006006

Parties:

ComplainantRespondentAnonymised PartiesA Shop WorkerA Retail Company  

Complaint(s):

ActComplaint/Dispute Reference No. Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 CA-00008286-002 21/11/2016 Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 CA-00008286-003 21/11/2016 Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 CA-00008286-004  Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 CA-00008286-001 21/11/2016  

Date Of Receipt: 21/11/2016

Date of Adjudication Hearing: 09/11/2017

Workplace Relations Commission Adjudication Officer: Michael McEntee

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 , Section 11 of the Minimum Notice & Terms of Employment Act, 1973 , Section 27 of the Organisation of Working Time Act, 1997 Section 7 of the Terms of Employment (Information) Act, 1994 and Section 39 of the Redundancy Payments Act, 1967 following 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 case concerns a Retail business in the Irish Midlands which closed unexpectedly in mid-2016.   The Complainant was an employee at the time of closure.

1:        Summary of Complainant’s Case:

  ActComplaint/Dispute Reference No.Summary Complaint Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 CA-00008286-002 The Complainant did not receive her statutory Minimum Notice Payment Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 CA-00008286-003 The Complainant was due 6 days Annual leave at the date of closure. She did not receive this. Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 CA-00008286-004 The Complainant never received a Contract of Employment. Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 CA-00008286-001 The Complaint was employed in the Store for some 8 years and did not receive a statutory Redundancy payment.  

2:        Summary of Respondent’s Case:

The Respondent did not attend the hearing. I was satisfied that proper notice had been served of the Hearing.  

3:        Findings and Conclusions: Redress noted per Complaint.

I have set these out and noted appropriate Redress in the table below. The Respondent did not appear or present any evidence. I found the oral and limited written evidence of the Complainant to be credible. Then rate of pay of the Complainant was stated to be €300 per week for a 30-hour week. ActComplaint/Dispute Reference No.Summary Conclusions / Decisions and Redress awarded Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 CA-00008286-002 Minimum Notice Payment The Complainant is awarded, as per Statute, four (4) weeks’ Notice Pay. A Lump Sum of € 1,200 is due. Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 CA-00008286-003   6 days Annual leave Six days Annual Leave is awarded. A Lump Sum of €360 is due. Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 CA-00008286-004 Contract of Employment. Compensation of €200 is awarded for Breach of a Statutory Right. Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 CA-00008286-001 Statutory Redundancy payment. The Complainant is entitled to a Statutory Redundancy Payment (Section 39 of The Redundancy Payments Act, 1967 refers). The amount to be calculated in keeping with the Rules and Regulations currently in force regarding Redundancy from the Department of Social Protection.    

4:        Decision:

Section 41 of the Workplace Relations Act 2015, Section 11 of the Minimum Notice & Terms of Employment Act, 1973, Section 27 of the Organisation of Working Time Act, 1997, Section 7 of the Terms of Employment (Information) Act, 1994 and Section 39 of the Redundancy Payments Act, 1967    require that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions of the cited Acts. The Decisions are as set out in the Table above - Ref Section 3 of the Adjudication. The Payments of Redress should be as soon as is practical but no later than four weeks from the date of issue of this Adjudication decision.

5:Taxation of Redress Awards The Taxation of the Awards of Redress made in Section 3 above is a matter for the parties to seek advice from the Revenue Commissioners prior to any payments being made.

Dated:   30.01.2018

Workplace Relations Commission Adjudication Officer: Michael McEntee

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