ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00026616
Parties:
| Complainant | Respondent |
Anonymised Parties | An Employee | An Employer |
Representatives | Keith Pollard, Mandate Trade Union |
|
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-00033901-001 | 21/01/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00033901-002 | 21/01/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033901-003 | 21/01/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00033901-004 | 21/01/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00033901-005 | 21/01/2020 |
Date of Adjudication Hearing: 11/03/2020
Workplace Relations Commission Adjudication Officer: Conor Stokes
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and/or 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 respondent operated a licensed premises until it closed down on 17 September 2019 with no advance notice. |
Summary of Complainant’s Case:
The complainant was employed as a barman by the respondent from 11 October 2014 and he was paid €608.81 per week for a 40-hour week. The RP50 form was completed by the respondent’s accountants. The complainant submitted that at the time of closure, the complainant did not receive any redundancy payment, but was entitled to a Statutory Redundancy payment of €6,528. The complainant submitted that he was entitled to a minimum notice payment amounting to two weeks of €1,217.62. He also submitted that he was not paid for this final week’s salary for the 26 hours worked, amounting to €395.73. The complainant submitted that he was entitled to one week’s annual leave in respect of 2018 and three in respect of 2019 (4x€608.81=€2,435.24) he further submitted that he was entitled to payment for 6 Public holidays amounting to €730.57. |
Summary of Respondent’s Case:
The respondent did not attend the hearing of this complaint. I am satisfied that the appropriate notification was sent to the company’s registered address. No reason for the non-attendance was received by the Workplace Relations Commission. |
Findings and Conclusions:
CA-0003391-001 In relation to the element of the complainant relating to Redundancy, I am satisfied that the complainant has established that he was dismissed by his employer by reason of redundancy and has established his right to a redundancy payment. In accordance with the Department of Employment Affairs and Social Protection calculator the redundancy payment amounts to €6528.00 CA-0003391-002 Having considered the submissions of the complainant I am satisfied that he has established a well-founded case regarding the non-payment of wages of €395.73 for his final week’s salary. CA-0003391-003 Having regard to the provisions of the Workplace Provisions Act, 2015 I can only consider breaches that occur during the six months prior to the reference of this complaint. Accordingly, I will consider such breaches as occur after 22/08/2019. As the Annual Leave accrued during 2019, I find that the complainant is entitled to payment of three weeks annual leave, i.e. €608.81 x 3 = €1808.43. The element of this complaint that refers to the 2018 annual leave entitlement is outside the scope of this investigation. CA-0003391-004 Having considered the oral and written submissions of the complainant I am satisfied that he is entitled to payment in lieu of a two week notice period, i.e. €608.81 x 2. CA-0003391-005 Having regard to the provisions of the Workplace Provisions Act, 2015 I can only consider breaches that occur during the six months prior to the reference of this complaint. Accordingly, I will consider such breaches as occur after 22/08/2019 - as no Public Holidays occurred after that date and prior to the date of Redundancy, no breach of the legislation has been established in relation to Public Holidays for the relevant period. I find that no entitlement arises. |
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.
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-0003391-001 Having considered the written and oral submissions, I am satisfied that the complainant was made redundant. My decision is that he is entitled to a Redundancy Payment of €6528.00 CA-0003391-002 Arising from my findings above, my decision is to direct the respondent employer to pay the complainant the sum of €395.73 (after the making of any lawful deduction therefrom). CA-0003391-003 Arising from my findings above, my decision is to direct the respondent employer to pay the complainant the sum of €1,808.43 (after the making of any lawful deduction therefrom). CA-0003391-004 Arising from my findings above, my decision is to direct the respondent employer to pay the complainant the sum of €1217.62 (after the making of any lawful deduction therefrom). CA-0003391-005 Arising from my findings above, my decision is that this element of the complaint fails. |
Dated: 24th August 2020
Workplace Relations Commission Adjudication Officer: Conor Stokes
Key Words:
Payment of Wages, Organisation of Working Time, timeframes |