ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00012369
| Complainant | Respondent |
Anonymised Parties | {A Maintenance Operative} | {A Property Management Company} |
Representatives |
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Complaint(s):
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-00016329-001 | 14/12/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00016329-002 | 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 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 worked as a maintenance operative with the Respondent from 10th April 2010 until 1 December 2017. |
Summary of Complainant’s Case:
The Complainant was made redundant from the company due to the decision to close the company on 1 December 2017. He is paid 689.88 gross wages weekly. He was not paid his 4 week’s contractual pay in lieu of notice on termination, 2 weeks final wages, and 3 days overtime owed of 413.93 gross euro. |
Summary of Respondent’s Case:
There was no appearance by the Respondent who was notified of the hearing date. |
Findings and Conclusions:
The Complainant has furnished evidence of his weekly income and notice period due. In accordance with S6 of the Payment of Wages Act 1991, I find the complaint is well founded and I direct payment of 4 week’s notice of 2,759.52 euro gross, 2 final weeks wages of 1,379.76 and 413.93 euro gross. In addition, I award an additional 2 weeks wages as compensation for breach of the Act by the Respondent of 1,379.76 euro. |
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 the complaint is well founded and direct payment of 4 week’s notice of 2,759.52 euro gross, 2 final weeks wages of 1,379.76 euro, 3 days overtime of 413.93 euro gross and 2 weeks wages compensation for the breach of the Act of 1,379.76 euro. |
Procedure:
In accordance with Section 39 of the Redundancy Payments Act 1967-2012 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.
The Complainant worked as a maintenance operative with the Respondent from 10th April 2010 until 1 December 2017. |
Summary of Complainant’s Case:
The Complainant was made redundant from the company due to the decision to close the company on 1 December 2017. He is paid 689.88 gross wages weekly. |
Summary of Respondent’s Case:
There was no appearance by the Respondent who was notified of the hearing date. |
Findings and Conclusions:
The Complainant has given evidence of his employment with the Respondent since 10th April 2010. He was not given proper notice of redundancy and did not receive any redundancy payment. The Complainant has furnished evidence of his normal weekly remuneration of 689.88 euro gross wages since 10th April 2010. I direct payment of redundancy by the Respondent for the period 10th April 2010 to 1 December 2017 to the Complainant on the basis of his weekly remuneration of 689.88 euro gross in accordance with the terms of the scheme. |
Decision:
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 to uphold the complaint and direct payment of redundancy for the period 10th April 2010 to 1 December 2017 by the Respondent on the basis of the Complainant’s weekly remuneration of 689.88 euro in accordance with the terms of the scheme. |
Dated: 6-11-2018
Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll
Key Words:
Normal weekly remuneration, duration of employment |