ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00010986
Parties:
| Complainant | Respondent |
Anonymised Parties | A Worker | A Meat Processing Plant |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00014726-001 | 29/Sep/201729/Sep/2017 |
Date of Adjudication Hearing:2/Jan/2018
Workplace Relations Commission Adjudication Officer:Emer O'Shea
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 [and/or Section 11 of the Minimum Notice and Terms of Employment Act] following the referral of the complaint/dispute to me by the Director General, I inquired into the complaint/dispute and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint/dispute.
Summary of Complainant’s Case:
The claimant was employed with the respondent from the 27th.Nov. 2005 to the 29th.Nov. 2016.He submitted the respondent was in breach of the Act for failing to pay him his statutory notice .The premises closed over night without any notice arising from a dispute between the respondent and the owners of the premises. |
Summary of Respondent’s Case:
The respondent did not attend and was not represented at the hearing. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint/dispute in accordance with the relevant redress provisions under Schedule 6 of that Act.
Section 11 of the Minimum Notice and Terms of Employment Act ,1973 requires that I make a decision in relation to the complaint in accordance with the relevant provisions under that Act.
The claimant’s complaint was received by the WRC on the 29th.Sept. 2017.The claimant set out the attempts by he and his colleagues to engage with the respondent with respect to securing their statutory entitlements without any response and to no avail. In the circumstances, I am satisfied that there was reasonable cause for the delay in making the complaint and consequently deem the complaint to be in time. On the basis of the uncontested evidence of the claimant, I find the complaint to be well founded and require the respondent to pay the claimant six weeks’ notice within 42 days of the date of this decision. |
Dated:19th June, 2018
Workplace Relations Commission Adjudication Officer:Emer O'Shea