ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00011095

	Complainant	Respondent
Anonymised Parties	A General Operative	A Packaging Company

Representatives

Citizen's Information Services

Did not attend

Complaint(s):

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994	CA-00014811-001	06/10/2017
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973	CA-00014811-002	06/10/2017
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00014811-003	06/10/2017
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00014811-004	06/10/2017

Date of Adjudication Hearing: 12/04/2018

Workplace Relations Commission Adjudication Officer: Michael McEntee

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 ; Section 7 of the Terms of Employment (Information) Act, 1994; Section 11 of the Minimum Notice & Terms of Employment Act, 1973; Section 27 of the Organisation of Working Time Act, 1997 and Section 6 of the Payment of Wages Act, 1991 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 dispute concerns an employee and a Packaging Company specifically as regards payments due on the ending of the contract of employment.

1: Summary of Complainant’s Case:


Act	Complaint/Dispute Reference No.	Summary Complaint
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994	CA-00014811-001	Complainant did not receive a statement in Writing of his Terms and Conditions of Employment
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973	CA-00014811-002	Claimant did not receive any Notice Pay on the Termination of His employment
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00014811-003	Did not receive any outstanding Holiday Pay on termination.
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00014811-004	Outstanding wages (plus a back week) due on Termination not paid

In addition, the Complainant produced CRO evidence that the Respondent Company was still in legal existence (as the 21st March 2018) and was listed as Normal.

The Complainant alleged that the Company was continuing to trade covertly with work still ongoing at the business address.

2: Summary of Respondent’s Case:

Did not attend the Oral hearing. Communicated by E Mail to the WRC on the 6th April 2017 to state that the Company had not traded since October 2017 and has no funds or assets.

3: Findings and Conclusions:

Notifications: I was happy that the Respondent had received proper notification of the Hearing. Full written evidence in the form of a document pack with all available records, pay slips etc complied by the Citizens Advice Service was provided to support all the Complainant claims. The Complainant responded to detailed questioning by the Adjudicator. He appeared to be credible and on balance I accepted his evidence as truthful. It was not contested by the Complainant that his service had been short -some nine months. No refuting evidence was presented by the Respondent save the “No funds” e mail of the 6th April 2017. Accordingly, after careful reflection, I came to the following conclusions.
Act	Complaint/Dispute Reference No.	Summary Conclusion
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994	CA-00014811-001 no written statement	No written statement had been provided. A compensation award of €100 (10 hours pay) is awarded.
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973	CA-00014811-002 No Notice Pay	One week’s notice pay is awarded. An award of € 400 is made
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00014811-003	From evidence presented I came to the view that 72 hours holiday pay was due to the Complainant. A monetary sum of €720 (€10 per hour by 72) is awarded.
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00014811-004	From written and oral evidence presented I came to the view that the sum of €820 in outstanding wages was due to the Complainant. I award the Lump sum of €820 in favour of the Complainant.

Decision:

Section 41 of the Workplace Relations Act 2015; Section 7 of the Terms of Employment (Information) Act, 1994; Section 11 of the Minimum Notice & Terms of Employment Act, 1973; Section 27 of the Organisation of Working Time Act, 1997 and Section 6 of the Payment of Wages Act, 1991 require that I make a decision in relation to the dispute.

Act	Complaint/Dispute Reference No.	Summary formal Decision
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994	CA-00014811-001 no written statement	No written statement had been provided. A compensation award of €100 (10 hours pay) is awarded.
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973	CA-00014811-002 No Notice Pay	One week’s notice pay is awarded. An award of € 400 is made
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00014811-003	From evidence presented I came to the view that 72 hours holiday pay was due to the Complainant. A monetary sum of €720 (€10 per hour by 72) is awarded.
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00014811-004	From written and oral evidence presented I came to the view that the sum of €820 in outstanding wages was due to the Complainant. I award the Lump sum of €820 in favour of the Complainant.
The Taxation of these awards to be considered on the advice of the Revenue Commissioners.

Dated: 02.07.2018

Workplace Relations Commission Adjudication Officer: Michael McEntee

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