ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00017727
Parties:
| Complainant | Respondent |
Anonymised Parties | A Waiter | A Restaurant |
Representatives | Citizens’ Information Service |
|
Complaints
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00022893-001 | 26/10/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00022893-002 | 26/10/2018 |
Date of Adjudication Hearing: 11/12/2018
Workplace Relations Commission Adjudication Officer: Pat Brady
Procedure:
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 had been employed by the respondent for just over four years. He was paid €10 per hour. The restaurant closed on very short notice and the complainant was not paid a notice payment as required by the Minimum Notice and Terms of Employment Act 1973. His co-workers were also owed various wages and notice payments also. |
Summary of Respondent’s Case:
The respondent did not attend the hearing. No explanation was received for the failure to do so. |
Findings and Conclusions:
The complainant gave evidence that he did not receive the payment and I accept it. On the basis of his service he is entitled to two weeks’ wages in lieu of notice. |
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.
I uphold complaint CA-000222893-002 and award the complainant €400.00. CA-000222893-001 is a duplicate complaint and was withdrawn at the hearing. |
Dated: January 10th 2019
Workplace Relations Commission Adjudication Officer: Pat Brady
Key Words:
Minimum Notice |