ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00023766
Parties:
| Complainant | Respondent |
Anonymised Parties | A Customer Services Manager | A Ticketing Company |
Representatives | None | None |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00030385-001 | 20/08/2019 |
Date of Adjudication Hearing: 16/10/2019
Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 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.
Background:
The Complainant was employed with the Respondent from 4th November 2014 to 28th February 2019. |
Summary of Complainant’s Case:
The Complainant is entitled to one month’s notice on termination which she did not receive. The company terminated her work space on 1st February 2019 with no notice. Her hours were reduced from three days a week to one day a week from 1st February 2019. She did not agree to this and said she was made redundant but her employer would not pay redundancy and her month’s notice. She served a Form RP9 on the Respondent on 1st March 2019. The Adjudication Officer in ADJ-0020528 found she was made redundant and upheld her complaint for wages due, annual leave and redundancy payment. Her notice pay of €1,875.00 has not been paid by the company. |
Summary of Respondent’s Case:
The Respondent said the company lost two major contracts and reduced the Complainant’s hours to one day per week. The Complainant was on sick-leave in February. The company did not receive notification of the decision made in ADJ-00020528 as it was not sent to their correct address. The company cancelled the Complainant’s workspace. There are no other employees. The owner is working from home. The Complainant’s role of one day a week is still there and could be carried out remotely. |
Findings and Conclusions:
I have heard and considered the submissions of the parties carefully. The complaint is made pursuant to S12 of the Minimum Notice and Terms of Employment Act 1973. S4 (2) (c) of this Act provides the minimum notice to be given by an employer to terminate the contract of employment of an employee if an employee has been in the continuous service of his employer for five years of more, but less than ten years, is four weeks. The Respondent notified the Complainant of reduced hours on 29th January 2019 which was not accepted. On 1st March 2019 the Complainant served notice of intention to claim redundancy after being placed on short time for a period of 4 weeks in accordance with S12 of the Redundancy Payments Act 1967. The complaint is well founded and the Complainant is entitled to four week’s notice of €1,875.00. I direct payment of €1,875.00 to the Complainant by the Respondent. |
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.
The complaint is well founded and I direct payment of €1,875.00 to the Complainant by the Respondent. |
Dated: 20th August 2020
Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll
Key Words:
Hours reduced, non payment of notice by employer, entitlement of employee to claim redundancy |