ADJUDICATION RECOMMENDATION
Adjudication Reference:
Parties:
| Complainant | Respondent |
Anonymised Parties | A Shop Worker | A Shop Owner |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
CA-00027300-003 |
Date of Adjudication Hearing:
Workplace Relations Commission Adjudication Officer:
Procedure:
In accordance with Section 13 of the Industrial Relations Acts 1969following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
Background:
The issues in contention concern the closure of a Shop in a Leinster Town and related matters concerning the payment/non-payment of staff. |
1: Summary of Complainant’s Case:
The owner of the Business went to India, on family business, in October 2018. The Complainant and a colleague were left in change of the Shop and associated workshop. Communications with the owner became difficult and from January 2019 no wages or salary was paid. The Complainant eventually left the employment on the 26th March 2019. He was seeking a Constructive Dismissal type payment for wages lost from January to March. |
2: Summary of Respondent’s Case:
The Respondent did not appear, at the start of the hearing, in person. However, a detailed written submission was received. In this submission the severe personal difficulties experienced by the Respondent (An Irish/Indian citizen) and his immediate family while in India were outlined. While he was distracted by these matters in India he had trusted the Complainant to run the business in a proper fashion. However, this was not the case and the business was effectively destroyed, the stock sold for cash and customers invoiced under the name of the Complainnat rather than the Company. The Business effectively closed up at the start of April 2019 with no funds left. The allegations made by the Complainnat are completely false and in particular the loss of any wages. The Complainnat effectively sold the Company stock and pocketed the cash. This is now a matter for the Gardai. |
3: Findings and Conclusions:
The differences in versions of events in this case were huge. It was clear that by the 1st April 2019 the business had run out of funds. It was also clear from the oral questioning of the Complainant by the Adjudication officer that the staff had effectively “cannibalised” some or all of the stock to ensure some form of renumeration was available. The true value of the stock sold was very unclear. The Respondent valued it at approximately €50,000. All things considered this was an Industrial Relations Act ,1969 claim and not a Payment of Wages Act, 1991 claim. Huge differences in the evidence presented were obvious. A judgment call, having considered all the available evidence, was required from the Adjudicator. As the value of the stock sold could not be ascertained, the Company is now out of business and the Respondent evidence was largely unsupported I decided to Recommend a Payment of €1,000 as a full and final settlement to the Complainant. |
4: Recommendation
Section 13 of the Industrial Relations Acts, 1969 requires that I make a recommendation in relation to the dispute.
I recommend a payment of €1,000 be made to the Complainant as a full and final settlement of this case.
Act | Complaint/Dispute Reference No. | Summary Recommendation |
CA-00027300-003 | A Payment of €1,000 in favour of the Complainnat, as a full and final settlement, is Recommended. |
Dated: 27/11/2019
Workplace Relations Commission Adjudication Officer: