Complainant

Respondent

Anonymised Parties

An Employee

A Manufacturing Company

Act

Complaint/Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997

CA-00015996-001

25/11/2017

Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977

CA-00015996-002

25/11/2017

Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973

CA-00015996-003

25/11/2017

Complaint seeking adjudication by the Workplace Relations Commission under section 77 of the Employment Equality Act, 1998

CA-00016663-001

06/01/2018

The complainant commenced employment with the respondent on 7 March 2010. He held the position of machine operator. His hourly rate of pay was €10. His employment ended on 3 August 2017.

The complainant stated that the company previously traded under the name of Capisterre Ltd and it changed to the current company name in or around late 2016 with employees retaining service and applicable terms and conditions. The complainant states that he received a text message from management on 7 July 2017 stating that there was no work available. On 2 August, he received a text message stating he was being made redundant. The complainant states that the respondent did not comply with the correct procedures in relation to the collective redundancy situation which existed nor did it engage with the Department of Employment Affairs and Social Protection.

The complainant also states that he did not receive his minimum notice and is making a claim under Section 11 of the Minimum Notice & Terms of Employment Act in this regard.

The complainant also states that he was discriminated against under the Employment Equality Acts, in that, he received less pay than a colleague, an Irish national with whom he carried out similar work.

The respondent did not engage with the Commission nor did it attend the hearing. I am satisfied that the respondent was served notice of the hearing date at the correct address.

REDUNDANCY

The within claim is based on the non-payment of redundancy and is not an Unfair Dismissal complaint. The claim is proper to the Redundancy Payments Act, 1967. Pursuant to Section 39 of the Redundancy Payments Acts, I find that the complainant is entitled to redundancy based on a start date of 7 March 2010 and a finish date (per the P45) of 22 July 2017.

His gross weekly pay was €428.

MINIMUM NOTICE

I find based on the uncontested evidence of the complainant that the complainant was not paid minimum notice. Accordingly, I award four weeks’ notice pay to the complainant; he is entitled to minimum notice as follows €428 x 4 = €1712    

EMPLOYMENT EQUALITY ACTS

In relation to the claim by the complainant under the Employment Equality Acts for equal pay with a named colleague, I find that no prima facie evidence was established to raise an inference of discrimination on grounds of race in this matter and accordingly this complaint cannot succeed.

ORGANISATION OF WORKING TIME ACT

I find that no evidence was provided by the complainant in relation to a breach of the Organisation of Working Time Act by the respondent and accordingly this complaint cannot succeed.

REDUNDANCY PAYMENTS ACTS

Statutory redundancy to be awarded to the complainant based on a start date of 7 March 2010 and a finish date (per the P45) of 22 July 2017 with gross weekly pay at €428.

The complainant is aware that a ceiling operates.

The complainant is aware that statutory redundancy is granted where the complainant was in insurable employment for the relevant period under the Social Welfare Acts.

MINIMUM NOTICE & TERMS OF EMPLOYMENT ACT

Four weeks notice pay awarded in the amount of €1712  

EMPLOYMENT EQUALITY ACTS

I find that no prima facie evidence was established to raise an inference of discrimination on grounds of race in this matter and accordingly this complaint cannot succeed.

ORGANISATION OF WORKING TIME ACT

I find that no evidence was provided by the complainant in relation to a breach of the Organisation of Working Time Act by the respondent and accordingly I find that this complaint cannot succeed.