ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00019033
Parties:
| Complainant | Respondent |
Anonymised Parties | A Beauty Therapist | A Beauty Salon |
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 39 of the Redundancy Payments Act, 1967 | CA-00024754-001 | 06/01/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00024754-002 | 06/01/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00024754-003 | 06/01/2019 |
Date of Adjudication Hearing: 26/02/2019
Workplace Relations Commission Adjudication Officer: Penelope McGrath
Procedure:
Pursuant to Section 39 of the Redundancy Payment Act of 1967 (as amended) it is directed that the manner of hearing prescribed in Section 41 of the Workplace Relations Act of 2015 shall apply to any question, dispute, complaint or appeal referred to the Director General under the Redundancy Payments Acts of 1967 – 2014.
I have accordingly been directed by the Director General of the Adjudication services, to hear the within complaint and I can confirm that I have fulfilled my obligation to make all relevant inquiries into the complaint. I have additionally and where appropriate heard the oral evidence of the parties and their witnesses and have taken account of the evidence tendered in the course of the hearing.
In accordance with Section 41(4) of the Workplace Relations Act, 2015 and following the presentation by an employee of a complaint of a contravention by an employer of an Act contained in Schedule 5 of the Workplace Relations Act of 2015 or such other Act as might be referred to in the 2015 Act, made to the Director General and following a referral by the said Director General of this matter to the Adjudication services, I can confirm that I have fulfilled my obligation to make all relevant inquiries into the complaint or dispute. I have additionally and where appropriate heard the oral evidence of the parties and their witnesses and have taken account of the evidence tendered in the course of the hearing as well as any written submissions disclosed in advance of the hearing.
The Complainant herein has referred a matter for adjudication as provided for under Section 7 of the Terms of Employment (Information) Act, 1994 in circumstances where a Contract of Service has commenced and the where the said Employee employed by an Employer is entitled to be provided (within two months of the commencement of the employment) with a Statement of certain Terms of the employment (as specified in Section 3 of the 1994 Act).
The Complainant has additionally referred a matter for adjudication as provided for under Section 11 of the Minimum Notice and Terms of Employment Act, 1973 and the referral has been made within six months of the date on which this claim accrued to the Complainant.
Background:
The Complainant brings a complaint against her former Employer the Respondent herein by way of Workplace Relations Complaint Form dated the 6th of January 2019. |
Summary of Complainant’s Case:
The Complainant attended in person and gave evidence on her own behalf. The Complainant made available payslips etc for my consideration though gave evicende that there was very little paperwork generated in the course of the employment (P60s, Contract of Employment, Handbook etc.). |
Summary of Respondent’s Case:
The Respondent company was not represented at the hearing. I am satisfied that the Company which was formed in 2013 continues to be a registered entity and has its correct registered address as that given by the Complainant. I am further satisfied that the Respondent was notified of the date of hearing on the 30th of January 2019. Without further explanation being given, I proceeded to hear the Complaint. |
Findings and Conclusions:
I have carefully considered the Complainant’s evidence. The Complainant was first employed in 2006 by a previous iteration of the current Respondent entity. The Complainant therefore worked for twelve years as a beauty Therapist with the Respondent company. The Complainant’s last day of work was the 23rd of July 2018. On or about that date the Salon in which the Complainant had been working closed without any forewarning. The reasons for this closure were never made known to the Complainant who had been given no Notice and was paid no redundancy. I accept that any of the Complainants attempts at communication with the previous employer Manager were re-buffed. I accept that the Complainant worked a 24 hour week at the applicable Minimum Wage of €9.55 per hour and was therefore on a gross salary of €230.00 per week. I am satisfied that the Complainant is entitled to a redundancy payment based on the following facts established in evidence: The employment started: June 1st 2006 The employment ended: July 23rd 2018 Gross weekly wage : €230.00
The Complainant was made aware of the fact that any award made under the Redundancy Payments Acts is subject to the Complainant having been in insurable employment for the relevant period under the Social Welfare Acts 1952 to 1966. I accept the Complainant’s evidence that she was given no advanced Notice of the fact that her employment was due to terminate. The Complainant was entitled to six weeks’ notice in circumstances where she had in excess of ten years’ service. I note that the Complainant was never provided with a Contract of Employment nor a written statement of certain terms and conditions as required by law .
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Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints 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.
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 - CA-00024754-001 – I find the Complainant to have been made Redundant form her employment and should be entitled to a Statutory Redundancy Payment based on the start date of June 6th 2006 and end date of July 23rd 2018 and the Gross weekly wage of €230.00 per week. Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 -CA-00024754-002- The Complainant is entitled to be paid Minimum Notice in lieu of working out a Minimum Notice period. That is six weeks at €230.00 per week. Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 - CA-00024754-003 - The Complainant was never provided with the terms and condition of her employment and should be awarded €500.00 under this Act as her complaint is well founded. |
Dated: 30th April, 2019
Workplace Relations Commission Adjudication Officer: Penelope McGrath
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