ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00006439
Parties:
| Complainant | Respondent |
Anonymised Parties | A Shop Assistant | A Retailer |
Representatives | Frank Mc Donnell | Not present |
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-00008884-001 | 21/12/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00008585-001 | 05/12/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00008585-002 | 05/12/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00008585-003 | 05/12/2016 |
Date of Adjudication Hearing: 01/11/2018
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Procedure:
In accordance with Section 41 of the Workplace Relations Act, following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
Background:
The Complainant submitted claims for the non payment of redundancy, annual leave pay, public holiday pay and non payment of notice pay. |
Summary of Complainant’s Case:
The Complainant was employed as a Stores Assistant from May 22nd 2012 to November 22nd 2016. She was informed that the Store was closing and she lost her job. She was paid 432.30 Euros per week. She did not receive her redundancy pay which she calculates as 3,335.63 Euros. She was not paid 12 hours public holiday pay. She was not paid 4 days holidays due. She was entitled to 2 weeks notice and was not paid this amounting to 864.60. |
Summary of Respondent’s Case:
The Respondent was not present at the Hearing. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
Based on the uncontested evidence of the Complainant I award her the following; Under Claim Reference Number CA-00008884-001 under the Payment of Wages Act 1991 the Complainant advised she was due 2 weeks notice pay under the Minimum Notice and Terms of Employment Act 1973 (Section 4.2.b) which was wages properly payable but was not paid by the Respondent. I award the Complainant 864.60 Euros in lieu of notice pay not paid.
Under Claim Reference Number CA-00008585-001 Act 1977 under The Redundancy Payments Act 1967. The Complainant was employed from May 22nd 2012 to November 22nd 2016.The Complainant was made redundant on November 22nd 2016. The Complainant earned 432.30 Euros per week. The Complainant did not receive any redundancy payment. The Complainant is seeking a redundancy payment under the Act. Section 4.(1) of the Act states “Subject to this section and to section 47 this Act shall apply to employees employed in employment which is insurable for all benefits under the Social Welfare Acts, 1952 to 1966 and to employees who were so employed in such employment in the period of two years ending on the date of termination of employment.” Therefore, subject to the Complainant being in employment which was insurable for this purpose under the Social Welfare Acts, and subject to being confirmed by the appropriate Government Agency, I find that the complaint is well founded and the Complainant is entitled to a redundancy payment of two weeks per year (or part thereof) on the following basis; Date of Commencement: May 22nd 2012 Date of Termination: November 22nd 2016 Gross Weekly Wage: 432.30 Euros Under Claim Reference Number CA-00008585-002 under the Organisation of Working Time Act 1977 the Complainant was entitled under Section 19 of the Act to be paid 20 days holidays per year. At the time of the termination of her employment she was due 4 days holiday pay, that was not paid, amounting to 345 Euros. I award the Complainant 345 Euros. Under Claim Reference Number CA-00008585-003 under the organisation of Working Time Act 1977 (Section 21) the Complainant was entitled to be paid an extra day for any public holidays worked. The Complainant advised she was not paid for 12 hours public holidays and I award her 114.60 Euros for the non payment of the Public Holidays. |
Dated:5th February 2019
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Key Words:
Non payment of wages, holiday pay, redundancy pay and notice pay. |