ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00022801
Parties:
| Complainant | Respondent |
Anonymised Parties | Retail Assistant | Retail Store |
Representatives | Self represented | Not represented or present |
Complaint:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00028780-001 | 30/05/2019 |
Date of Adjudication Hearing: 25/09/2019
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 6 of the Payment of Wages Act 1991,following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
Summary of Complainant’s Case:
The Complainant stated that she worked for the Respondent from 12th October 1998 to 16th September 2018 when the shop closed without notice. Having worked for almost 20 years with the Respondent she was given no notice and claims that she is due 8 weeks pay in lieu of notice. |
Summary of Respondent’s Case:
The Respondent did not attend the hearing. |
Decision:
Based on the uncontested evidence of the Complainant, I find her claim to be well founded. In accordance with Section 4(2)(e) of the Minimum Notice and Terms of Employment Act 1973, the Complainant is entitled to minimum notice of 8 weeks. The definition of wages in Section 1 of the Payment of Wages Act 1991 defines wages as including payment for minimum notice. I find the complaint to be well founded and I require the Respondent to pay to the Complainant the sum of €1,720 within 6 weeks of the date of this decision.
Dated: 09/10/19
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Key Words:
Minimum notice. |