ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00021082
Parties:
| Complainant | Respondent |
Anonymised Parties | Shop Assistant | Off Licence |
Representatives | |
|
Complaints:
Act | Complaint Reference No. | Date of Receipt |
CA-00027785-001 | ||
CA-00027785-002 | ||
CA-00027785-003 | ||
CA-00027785-004 |
Date of Adjudication Hearing:
Workplace Relations Commission Adjudication Officer:
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 andSection 39 of the Redundancy Payments Acts 1967 - 2014following 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 from 31st July 2011 to 28th February 2019. He referred four claims against the Respondent to the WRC on 16th April 2019. At the outset of the adjudication hearing, it became apparent that there was no appearance by or on behalf of the Respondent. I verified that a letter notifying the Respondent of the time, date and venue of the adjudication hearing was issued on 28th May 2019. The Respondent did not engage with the WRC at any stage prior to the hearing, it did not apply for a postponement and did not indicate any difficulties attending the hearing. I waited some time to accommodate a late arrival. Having taken these steps, I proceeded with the adjudication hearing in the absence of the Respondent. |
CA-00027785-001 - section 6 of the Payment of Wages Act, 1991
Summary of Complainant’s Case:
The Complainant submits that his employment was terminated as of 1st March 2019 without notice. He did not receive the appropriate notice or payment in respect of same. |
Summary of Respondent’s Case:
There was no appearance by or on behalf of the Respondent and it did not oppose the complaint. |
Findings and Conclusions:
Based on the uncontested evidence of the Complainant I find that the Respondent made the Complainant redundant and did so without adhering to its obligations under the Minimum Notice and Terms of Employment Act, 1973. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
In accordance with Section 4(2)(c) of the Minimum Notice and Terms of Employment Act, 1973 I find that the Complainant was entitled to four weeks’ notice as he had over 5 years’ but less than 10 years’ service at the time of his dismissal. |
CA-00027785-002 - section 27 of the Organisation of Working Time Act, 1997
Summary of Complainant’s Case:
The Complainant submits that he did not receive his annual leave entitlement at the time of the termination of his employment. He submits that he is owed 1.5 day of annual leave. |
Summary of Respondent’s Case:
There was no appearance by or on behalf of the Respondent and it did not oppose the complaint. |
Findings and Conclusions:
Based on the uncontested evidence of the Complainant I find that he is entitled to 1.5 days of annual leave at 7.8 hours each. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
Based on the uncontested evidence of the Complainant, I declare this complaint to be well founded. In addition, I direct the Respondent to pay the Complainant €100 in compensation for breaches of his rights under this Act. |
CA-00027785-003 - Section 39 of the Redundancy Payments Act, 1967
Summary of Complainant’s Case:
The Complainant submits that he was told by the Respondent that it was closing down. The Complainant submits that he did not receive his redundancy payment. He claims that he sent text messages to the Respondent requesting same but received no reply. |
Summary of Respondent’s Case:
There was no appearance by or on behalf of the Respondent and it did not oppose the complaint. |
Findings and Conclusions
Based on the uncontested evidence of the Complainant I find that the Complainant was employed by the Respondent on a continuous basis from 31st July 2011 to 28th February 2019 when his employment was terminated by reason of redundancy. |
Decision:
Section 39 of the Redundancy Payments Acts 1967 – 2014 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.
On the uncontested evidence of the Complainant I find that the Complainant is entitled to a statutory redundancy lump sum under the Redundancy Payment Acts based on the following criteria: - Date of commencement: 31st July, 2011 - Date of termination: 28th February, 2019 - Gross weekly wage: €390 This award is made subject to the Complainant having been in insurable employment under the Social Welfare Acts during the relevant period. |
CA-00027785-004 - section 7 of the Terms of Employment (Information) Act, 1994
Summary of Complainant’s Case:
The Complainant submits that he did not receive a statement of his terms and conditions of employment from his employer despite having requested same. |
Summary of Respondent’s Case:
There was no appearance by or on behalf of the Respondent and it did not oppose the complaint. |
Findings and Conclusions:
Section 3 of the Act provides as follows: “ Written statement of terms of employment (1) An employer shall, not later than 2 months after the commencement of an employee's employment with the employer, give or cause to be given to the employee a statement in writing containing the following particulars of the terms of the employee's employment, that is to say… (1A) Without prejudice to subsection (1), an employer shall, not later than 5 days after the commencement of an employee's employment with the employer, give or cause to be given to the employee a statement in writing containing the following particulars of the terms of the employee's employment, that is to say… (1B) Where a statement under subsection (1A) contains an error or omission, the statement shall be regarded as complying with the provisions of that subsection if it is shown that the error or omission was made by way of a clerical mistake or was otherwise made accidentally and in good faith. (2) Each statement referred to in subsection (1) and (1A) shall be given to an employee notwithstanding that the employee's employment ends before the end of the period within which the statement is required to be given. (3) The particulars specified in paragraph (d) of subsection (1A) or paraghraphs, (h), (i), (j), (k) and (l) of the said subsection (1) may be given to the employee in the form of a reference to provisions of statutes or instruments made under statute or of any other laws or of any administrative provisions or collective agreements, governing those particulars which the employee has reasonable opportunities of reading during the course of the employee's employment or which are reasonably accessible to the employee in some other way. (4) A statement furnished by an employer under subsection (1) [or (1A)] shall be signed and dated by or on behalf of the employer. (5) A copy of a statement furnished under this section shall be retained by the employer during the period of the employee's employment and for a period of 1 year thereafter. (6) (a) The Minister may by order require employers to give or cause to be given to employees within a specified time a statement in writing containing such particulars of the terms of their employment (other than those referred to in subsection (1) or (1A)) as may be specified in the order and employers shall comply with the provisions of such an order. (b) The Minister may by order amend or revoke an order under this subsection, including an order under this paragraph. (7) This section (other than subsection (6)) shall not apply or have effect as respects contracts of employment entered into before the commencement of this Act.” Based on the uncontested evidence of the Complainant I find that the Respondent was in breach of Section 3 of the Terms of Employment (Information) Act, 1994 and that the Complainant was not provided with a written statement of his terms and conditions of employment at any stage during his period of employment. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
Section 7(2)(d) of the Act states that an employer can be ordered “to pay to the employee compensation of such amount (if any) as the adjudication officer considers just and equitable having regard to all of the circumstances, but not exceeding 4 weeks' remuneration”. Taking all of the circumstances of this case into consideration I direct the Respondent to pay the Complainant compensation of €1,000. |
Dated: July 16th 2019
Workplace Relations Commission Adjudication Officer: Ewa Sobanska
Key Words:
Redundancy – annual leave- terms of employment – minimum notice – respondent not attended |