ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00012488
Parties:
| Complainant | Respondent |
Anonymised Parties | {A Painter} | {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-00016372-001 | 18/12/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00016372-002 | 18/12/2017 |
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 and Section 39 of the Redundancy Payments Acts 1967 - 2014 following the referral of the complaints 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 was employed by the Respondent from 8th September 2014 to 1st December 2017 as a Painter. |
Summary of Complainant’s Case:
The Complainant was employed on a weekly wage of 600 euro net of tax. He was informed the company was closing on 1st December 2017 and he was being made redundant. He is owed 2 weeks arrears of wages which is 1,200 euro net of tax, 4 weeks payment in lieu of notice of 2,400 euro net, and 1 day’s holiday pay of 120 euro net of tax. He was never paid any redundancy payment for his service with the company from 8th September 2014 to 1st December 2017. |
Summary of Respondent’s Case:
The Respondent was notified of the hearing of the complaint and there was no appearance. |
Findings and Conclusions:
The Complainant gave evidence that he was employed as a painter and general operative with the company since 8th September 2014. He was notified of his redundancy from the company on 1st December 2017 and did not receive any payments due. In accordance with S6 of the Payment of Wages Act 1991, I find that the complaints made are well founded and direct payment of 2 weeks arrears of wages of 1,200 euro net of tax, 4 weeks payment in lieu of notice of 1,800 euro net of tax and 1 days holiday pay of 120 euro net of tax. I also award 2 weeks wages of 1,200 euro net of tax as compensation for the breach of the Act. The Complainant has given evidence of his length of service with the company and normal weekly remuneration of 600 euro net of tax. In accordance with S39 of the Redundancy Payments Acts 1967-2012 I direct a redundancy payment is paid by the Respondent in accordance with the terms of the scheme based on the Complainant’s service from 8th September 2014 to 1st December 2017 and normal weekly remuneration of 600 euro net of tax. |
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.
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 made are well founded and direct payment of 2 weeks arrears of wages of 1,200 euro net of tax, 4 weeks payment in lieu of notice of 1,800 euro net of tax and 1 days holiday pay of 120 euro net of tax. I also award 2 weeks wages of 1,200 euro net of tax as compensation for the breach of the Payment of Wages Act 1991. My decision is that a redundancy payment is due to the Complainant and direct that this should be paid by the Respondent based on the Complainant’s service from 8th September 2014 to 1st December 2017 and normal weekly remuneration of 600 euro net of tax in accordance with the terms of the scheme. |
Dated: November 5th 2018
Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll
Key Words:
Complaint well founded, entitlement to redundancy payment |