ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00022523
Parties:
| Complainant | Respondent |
Anonymised Parties | A Chef | A Public House |
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-00029314-001 | 26/06/2019 |
Date of Adjudication Hearing: 13/11/2019
Workplace Relations Commission Adjudication Officer: Niamh O'Carroll Kelly
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complain 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.
Summary of Complainant’s Case:
The complainant was told in or around 15th February, 2019 that the pub in which he worked was closing and was being put up for sale. The complainant is owed 45 hours notice pay, amounting to €720.00 and 86.82 hours holiday pay, which amounts to €1,389.12. In total he is claiming €2,109.12 |
Summary of Respondent’s Case:
The Respondent closed the pub back in February, 2019. The staff were given very little notice. The pub is up for sale however it is in negative equity, so it is not anticipated that there will be any money from the proceeds of sale to pay the complainant. The Respondent agrees with the complainant’s calculations in relation to what he is owed. |
Findings and Conclusions:
The Respondent concedes that the complainant is owed € 2,109.12 arising out of unpaid holiday and notice pay. On that basis I find that the complaint is well founded. I award the complainant €2,109.12. |
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.
The complaint is well founded. I award the complainant € 2,109.12. |
Dated: 2ND December 2019
Workplace Relations Commission Adjudication Officer: Niamh O'Carroll Kelly
Key Words:
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