ADJUDICATION OFFICER DECISIONS
Adjudication Reference: ADJ-00013919
Parties:
| Complainant | Respondent |
Anonymised Parties | Nail Bar Manager/Nail Technician | Nail Bar |
Representatives |
|
|
Complaints:
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-00017363-002 | 06/02/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00017363-003 | 06/02/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00017363-004 | 06/02/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00017363-005 | 06/02/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00017363-006 | 06/02/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00017363-007 | 06/02/2018 |
Date of Adjudication Hearing: 06/12/2018
Workplace Relations Commission Adjudication Officer: Eugene Hanly
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 39 of the Redundancy Payments Acts 1967following 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 as a Nail Technician /Manager from 1st April 2011 to 5th December 2017. She was paid €210 gross, €205.46 net per week and she worked 20 hours per week. She has claimed that she did not get compensation for holidays and Public Holidays and did not get statutory redundancy. |
1)Payment of Wages Act 1991 CA 17363-001
This matter concerning minimum notice, a back week and wages owing was referred to the Workplace Relations Commission Inspectorate.
Therefore, I do not have jurisdiction to investigate this matter also. These matters will be addressed by the Inspectorate Section.
2)Organisation of Working Time Act 1997 CA 17363-002/003/004/005
Summary of Complainant’s Case:
CA 17363-002/004/005 Holidays /Annual Leave The Complainant stated that she received two weeks paid holidays in 2016 and two weeks paid holidays on 2017. The Respondent promised to pay her the outstanding balance upon leaving. CA 17363 003 Public Holidays She stated that she did not get compensated for any Public Holidays. |
Summary of Respondent’s Case:
CA 17363-002/004/005 Holidays /Annual Leave CA 17363 003 Public Holidays |
The Respondent did not attend and was not represented.
Findings and Conclusions:
I note correspondence on the file advising of the venue, date and time of the hearing.
I note that the Respondent did not attend and was not represented.
Based on the uncontested evidence I find as follows:
CA 17363-002/004/005 Holidays /Annual Leave I note that the Complainant has claimed in respect of holiday entitlements and non-payment at cessation of employment. This complaint was presented to the Commission on 6th February 2018 therefore the period that may be investigated is 7th August 2017 to 5th December 2017, the date of termination. Under this Act the holiday year is defined as running from 1st April to 31st March each year. I find that the holiday claim in respect of 2016 is outside the time limit allowed. I may investigate the holiday year 1st April 2017 to 5th December 2017, when the employment ended. In that period, I find that she accumulated a holidays entitlement of 14 days full time equivalent which is just short of three weeks entitlement. Therefore, I find that the Complainant is entitled to 0.93 of a week’s holidays amounting to €195.93. I also find that she is entitled to €200 in compensation for the breach of her rights under this Act. CA 17363 003 Public Holidays |
I find that in the allowable period 7th August to 5th December 2017 there were two Public Holidays 7th August and 30th October 2017.
I find that she is entitled to compensation of €84.00.
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.
I have decided that the Respondent has breached Sec 19 and 21 of this Act in respect of holidays and Public Holidays.
I have decided that the Respondent should pay the Complainant €279.93 (195.93 + 84.00) for the economic loss and an additional €200 in compensation for breach of her rights under this Act.
This is to be paid within six weeks of the date below.
1)Redundancy Payments Act 1967CA 17363-006/007
Summary of Complainant’s Case:
The Complainant stated that she was advised by the Centre management on 5th December 2017 that the store would close that day, 5th December, details supplied. |
She was not paid redundancy. She requested the Respondent to sign the redundancy forms but he declined. She has claimed her statutory entitlements.
Summary of Respondent’s Case:
The Respondent did not attend and was not represented |
Findings and Conclusions:
I note correspondence on the file advising of the venue, date and time of the hearing. I note that the Respondent did not attend and was not represented. Based on the uncontested evidence I find as follows: I find that a genuine redundancy situation arose. I find that the employment ended abruptly on 5th December 2017. I find that the Complainant is entitled to statutory redundancy as per the terms of the Redundancy Payments Acts. I find that the employment commenced on 1st April 2011 and ended on 5th December 2017. She was paid €210 per week. I find that any award under the Redundancy Payments Act is subject to the complainant having been in insurable employment for the relevant period under the Social Welfare Acts. |
Decision:
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.
I have decided that a genuine redundancy has occurred
I have decided that the Respondent has not paid the Complainant her statutory entitlement to redundancy payment.
I have decided that her complaint is well founded.
I require the Respondent the pay the Complainant her statutory redundancy entitlement within six weeks of the date below.
Dated: 08-01-2019
Workplace Relations Commission Adjudication Officer: Eugene Hanly
Key Words:
Holiday / Public Holidays & Redundancy |