ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00022827
Parties:
| Complainant | Respondent |
Anonymised Parties | An electrician | A limited Company |
Representatives |
|
|
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00028907-001 | 06/06/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00028907-002 | 06/06/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00028907-003 | 06/06/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00028907-004 | 06/06/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 15 of the European Communities (Organisation of Working Time) (Mobile Staff in Civil Aviation) Regulations 2006 - S.I. No. 507 of 2012 | CA-00028907-005 | 06/06/2019 |
Date of Adjudication Hearing: 11/09/2019
Workplace Relations Commission Adjudication Officer: Niamh O'Carroll Kelly
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 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 withdrew CA 00028907 -002 and CA 00028907-005 |
Summary of Complainant’s Case:
On the 26.05.2019 the complainant got a call from Mr. EO stating that there was no more work for him. Just prior to that he received a test message stating “ We have to terminated your contract of employment, there will be no work on that site going forward…. Call me”. The complainant received no prior notice of the pending redundancy and there was no consultation process at all. The respondent did not pay the complainant’s redundancy or his notice. In relation to his holidays the complainant is owed € 637.83 for 5.5 days worked. He is owed € 480.00 for overtime worked and € 579.93 for his back week. The complainant received the sum of €1,300.00 from the respondent following the filing of his claim. The balance due is € 396.00 |
Summary of Respondent’s Case:
No Appearance for or on behalf of the respondent. |
Findings and Conclusions:
CA 00028907-001 The complainant’s claim for redundancy is well founded. The complainant is entitled to a redundancy payment based on the following: Commencement date 11.01.2017 Termination date : 26.05.2019 Salary per week. : €579.93 CA 00028907-003 Pursuant to Section 4(2)(b) The complainant is entitled to two weeks’ notice payment amounting to €1,159.86 4.—(1) An employer shall, in order to terminate the contract of employment of an employee who has been in his continuous service for a period of thirteen weeks or more, give to that employee a minimum period of notice calculated in accordance with the provisions of subsection (2) of this section. (2) The minimum notice to be given by an employer to terminate the contract of employment of his employee shall be— b) if the employee has been in the continuous service of his employer for two years or more, but less than five years, two weeks,
CA 00028907 -004 In relation to his holidays the complainant is owed €637.83 for 5.5 days worked. He is owed € 480.00 for overtime worked and € 579.93 for his back week. The complainant received the sum of €1,300.00 from the respondent following the filing of his claim. The balance due is € 396.00 I am satisfied based on the complainant’s evidence that following the payment made by the respondent to him prior to the hearing of this matter that he is owed € 396.00 by the respondent. |
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 and Section 39 of the Redundancy Payments Acts 1967 – 2012 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.
CA 00028907 -001 The complaint is well founded. The complainant is entitled to a redundancy payment in accordance with the facts as set out above. CA 00028907 -003 The complaint is well founded. I award the complaint € 1,159.86 CA 00028907 -004 The complaint is well founded. I award the complaint € 396.00 |
Dated: 2nd October 2019
Workplace Relations Commission Adjudication Officer: Niamh O’Carroll Kelly