ADJUDICATION OFFICER DECISIONS
Adjudication Reference: ADJ-00016920
Parties:
| Complainant | Respondent |
Anonymised Parties | An editor | A publishing company |
Complaints:
Act | Complaint 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-00021951-001 | 19/09/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00021951-002 | 19/09/2018 |
Date of Adjudication Hearing: 08/11/2018
Workplace Relations Commission Adjudication Officer: Kevin Baneham
Procedure:
On the 19th September 2018, the complainant submitted complaints pursuant to the Organisation of Working Time Act and the Minimum Notice & Terms of Employment Act. The complaints were scheduled for adjudication on the 8th November 2018.
At the time the adjudication was scheduled to commence, it was apparent that there was no attendance by or on behalf of the respondent. I verified that the respondent was on notice of the time, date and venue of the adjudication and having been satisfied of this, I proceeded with the adjudication in the absence of the respondent.
In accordance with Section 41 of the Workplace Relations Act, following 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.
Summary of Complainant’s Case:
The complainant received gross fortnightly pay was €885. He was editor of the publishing company and was responsible for website content. He was promised two weeks of holiday pay to be paid at the end of July 2018 and was summarily dismissed on the 13th July 2018. He made about 15 attempts to contact the respondent by phone and by email but was mostly ignored. He sent two letters. He outlined that he was entitled to two weeks of notice pay. |
Summary of Respondent’s Case:
The respondent did not attend the adjudication and did not oppose the complaints. |
Findings and Conclusions:
CA-00021951-001 This is a complaint pursuant to the Organisation of Working Time Act. I find that the complainant is entitled to two weeks of annual leave owed to him at the end of his employment. I award redress of €885 for the two weeks owed.
CA-00021951-002 This is a complaint pursuant to the Minimum Notice & Terms of Employment Act. The complainant’s uncontroverted evidence was that he was entitled to two weeks of notice pay. I, therefore, find that the complainant is entitled to redress of €885. |
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.
CA-00021951-001 I find that the complaint pursuant to the Organisation of Working Time Act is well founded and I award redress of €885.
CA-00021951-002 I find that the complaint pursuant to the Minimum Notice & Terms of Employment Act is well founded and I award redress of €885. |
Dated: 9th January, 2019
Workplace Relations Commission Adjudication Officer: Kevin Baneham
Key Words:
Organisation of Working Time Act / annual leave Minimum Notice & Terms of Employment Act / notice pay |