ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00012360
Parties:
| Complainant | Respondent |
Anonymised Parties | {A Housekeeper} | {A Property Management Company} |
Complaints:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00016328-001 | 14/12/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00016328-002 | 14/12/2017 |
Date of Adjudication Hearing: 07/03/2018
Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 andSection 39 of the Redundancy Payments Acts 1967 - 2014following the referral of the complaint to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
Background:
The Complainant worked as a Housekeeper with the Respondent from 26th October 2012 to 1st December 2017. |
Summary of Complainant’s Case:
The Complainant was paid 420 euro gross per week by the Respondent. Her 4 weeks contractual notice was not paid when she was made redundant, nor 2 final weeks wages, nor 1 weeks overtime owed of 420 euro gross. In addition, her redundancy payment was never paid by the company. |
Summary of Respondent’s Case:
The Respondent was notified of the hearing and there was no appearance by any representatives. |
Findings and Conclusions:
The Complainant furnished evidence of her weekly remuneration of 420 euro gross per week and her pay in lieu of notice due of 4 weeks. She gave evidence that there was no notification or consultation by the company in relation to the closure. I find that the Complainant’s normal weekly remuneration is 420 euro gross per week and she was employed by the company from 26th October 2012 to 1st December 2017. In accordance with S6 of the Payment of Wages Act 1991 I find that her complaints are well founded and direct payment to her by the Respondent of 4 weeks pay in lieu of notice of 1,680 euro gross, 2 weeks arrears of wages of 840 euro gross, and 1 weeks overtime of 420 euro gross. I also award 2 weeks wages of 840 euro as compensation for the breach of the Act. In addition, I find that the Complainant is entitled to a redundancy payment in accordance with the Redundancy Payment Acts 1967-2012 in accordance with her service from 26th October 2012 to 1st December 2017 on the basis of her normal weekly remuneration of 420 euro per week and direct payment by the Respondent. |
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 the Workplace Relations Act 2015 and 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.
My decision is that the complaints under the Payment of Wages Act 1991 are well founded and direct payment by the Respondent of 4 week’s notice of 1,680 euro gross, 2 week’s arrears of wages of 840 euro gross, and 1 weeks overtime of 420 euro gross. I also award 2 weeks wages of 840 euro as compensation for the breach of the Act. I also find that the Complainant is entitled to a redundancy payment in accordance with her service with the company from 26th October 2012 to 1st December 2017 on the basis of her normal weekly remuneration of 420 euro per week and direct payment by the Respondent. |
Dated: November 5th 2018
Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll
Key Words:
Complaint well founded, arrears of wages, redundancy payment |