ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00017123
Complaint(s):
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-00022197-001 | 27/09/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00022197-002 | 27/09/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00022197-003 | 27/09/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under the Industrial Relations Acts | CA-00022197-004 | 27/09/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00022198-001 | 27/09/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00022198-002 | 27/09/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00022198-003 | 27/09/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under the Industrial Relations Acts | CA-00022198-004 | 27/09/2018 |
Date of Adjudication Hearing: 22/01/2019
Workplace Relations Commission Adjudication Officer: David Mullis
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 9 of the Protection of Employees (Employers’ Insolvency) Acts, 1984 – 2012 and Section 27 of the Organisation of Working time Act, 1997 and Section 6 of the Payment of Wages Act, 1991 and Section 13 of the Industrial Relations Acts 1969following 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 worked for the Respondent in his hairdressing salon from the 13th February 2018 until she and her colleagues were ordered from the premises by the Sheriff, acting for the Revenue Commissioners, on the 28th August 2018. She has various complaints arising from this in terms of non-payment of notice of termination of employment, holiday and public holiday pay. |
Summary of Complainant’s Case:
The Complainant says that she worked for the Respondent from the 13th February 2018 until the Respondents premises was closed on the 28th August 2018 by the Sheriff acting on behalf of the Revenue Commissioners. All of the salon’s equipment and products were confiscated and the this left the Complainant unable to get her entitlements from the Respondent. |
Summary of Respondent’s Case:
The Respondent agreed that the Complainant has legitimate complaints but says his business is closed. He was unable to service his debts, hoped he could work through them. Revenue secured a judgment against him and he is now moving to Insolvency. |
Findings and Conclusions:
In CA-00022197-001 the Complainant says that she has not been paid, in lieu, for Public Holidays that occurred during her employment with the Respondent, contrary to Section 27 of the Organisation of Working Time Act, 1997. There were 4 public holidays. She said that she was paid for one and that she is owed payment for three. The amount due would be €229.20. In CA-00022197-002, the Complainant says that she is owed for annual leave accrued during the term of her work with the Respondent in accordance with Section 27 of the Organisation of Working Time Act, 1997. She says that this amounts to 10 days holiday pay due. The amount due would be €764. In CA-00022197-003 the Complainant says that she was not paid in lieu of notice when the salon was closed, contrary to Section 6 of the Payment of Wages Act, 1991. Based on her length of service this would be one week’s notice - €382.
In CA-00022197-004 the Complainant, under the terms of the Industrial Relations Acts, complains that she received no compensation for loss of her job and is seeking a recommendation from me in relation to this. |
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 9 of the Protection of Employees (Employers’ Insolvency) Acts, 1984 – 2012 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under section 9 of that Act.
Section 27 of the Organisation of Working Time Act, 1997 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions of that Act.
Section 6 of the Payment of Wages Act, 1991 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions of that Act
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.]
I find for the Complainant in all of the above-listed complaints with the exception of CA- 00022197-004 for which I make no recommendation |
Dated: 04/02/18
Workplace Relations Commission Adjudication Officer: David Mullis
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