ADJUDICATION OFFICER DECISION.
Adjudication Reference:
Parties:
| Complainant | Respondent |
Anonymised Parties | An employee | A licensed premises. |
Representatives | self | self |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
CA-00029506-001 | ||
CA-00029506-002 | ||
CA-00029506-003 |
Date of Adjudication Hearing:
Workplace Relations Commission Adjudication Officer:
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and/or Section 39 of the Redundancy Payments Acts 1967 - 2014 following the referral of the complaint(s) to me by the Director General, I inquired into the complaint(s) 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 22/05/2016until 15/02/2019 when the Respondent ceased trading. The Complainant is a student who works during holiday periods for the Respondent. This complaint is three parts: CA – 00029506 – 001 – referred under section 39 of the Redundancy Payments Act, 1967 CA – 00029506 – 002 – referred under section 11 of the Minimum Notice and Terms of Employment Act, 1973 CA – 00029506 – 003 – referred under section 27 of the Organisation of Working Time Act, 1997. This complaint was received by the Workplace Relations Commission on 8th July 2019.
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Summary of Complainant’s Case:
The Complainant contends that she is entitled to a statutory redundancy payment, one weeks pay in lieu of notice and her outstanding holiday entitlement accrued to the date of cessation of employment. |
Summary of Respondent’s Case:
The Respondent questions an entitlement to a statutory redundancy payment and accepts the argument presented in relation to the minimum notice and outstanding holiday accrual. |
Findings and Conclusions:
CA – 00029506 – 001 – referred under section 39 of the Redundancy Payments Act, 1967 The Complainant worked a total of 17 weeks in 2016, in 2017 the Complainant worked for 22 weeks, in 2018 a total of 35 weeks and in 2019 a total of 6 weeks. When added together a total of 80 weeks. Section 4(1) of the Act reads as follows: 4(1) Subject to this section and to section 47 this Act shall apply to employees employed in employment which is insurable for all benefits under the Social Welfare Acts, 1952 to 1966 and to employees who were so employed in such employment in the period of two years ending on the date of termination of employment. The Complainant has not worked for two years and therefore is not entitled to a statutory redundancy payment. Complaint CA – 00029506 – 001 is not well founded and therefore fails. CA – 00029506 – 002 – referred under section 11 of the Minimum Notice and Terms of Employment Act, 1973 The Complainant is entitled to a payment in lieu of notice, this has been calculated at €191.76 gross. The Complaint is well founded, this gross payment should be made to the Complainant within 42 days from the date of this decision. CA – 00029506 – 003 – referred under section 27 of the Organisation of Working Time Act, 1997. The Complainant contends that she is entitled to €503.38 holiday entitlement, this is not disputed by the Respondent. The complaint is well founded and this gross amount should be made to the Complainant within 42 days from the date of this decision.
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Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
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.
As outlined above. |
Dated: 16/09/2019
Workplace Relations Commission Adjudication Officer:
Key Words:
Redundancy Payments Act; Minimum Notice and Terms of Employment Act, 1973 and The Organisation of Working Time Act, 1997. |