Complainant

Respondent

Anonymised Parties

A Former Employee

A Hotel

Representatives

Ronan Daly Jermyn Solicitors Ronan Daly Jermyn

Act

Complaint Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991

CA-00027704-001

12/04/2019

The complaint was submitted to the WRC on the 12th April, 2019. The Complainant did not attend the adjudication hearing. Having checked the file, I am satisfied the Complainant was notified of the date, time and venue for the hearing by letter from the WRC dated 21st October, 2019. The Respondent was represented at the hearing by its HR Manager.

The Complainant submitted on her Complaint Form that she was employed by the Respondent from 12/3/2015 to 9/4/2019. The Complainant stated on the Complaint Form, that she was not paid her notice period when she handed in her notice of resignation on the 9th April, 2019 and that she was asked to leave the hotel on that date. She also stated on the Form that she was due a weeks pay and that she had not received a payslip.

The Respondent disputed the complaints. The Respondent outlined the career history of the Complainant with the Respondent and the events leading up to the end of her paid employment which the Respondent stated was on the 12th April, 2019 and not the 9th April. The Respondent stated that the Complainant had extended her annual leave due her wedding and that she handed in her resignation at 9.05am on the 9th April, 2019 without notice. The Respondent stated this left the hotel in a difficult position. The Respondent stated that the Complainant emailed the Respondent later on the 9th April advising that she had obtained new employment from the following Monday, the 15th April, 2019. The General Manager of the Respondent replied by email on Friday 12th April, 2019 and advised that the Respondent was agreeable to waive the balance of the notice period and permit the Complainant commence her new position.

The Respondent stated that it provided a final payslip by email to the Complainant to cover the period 9th – 12th April 2019 inclusive, which would cover payment in lieu of notice and that one days pay was deducted from this due to an overpayment of holiday entitlements.

A complaint was received by the Director General of the Workplace Relations Commission from the Complainant on the 12th April, 2019 alleging that her former employer/the Respondent contravened the provisions of the Payment of Wages Act [1991-2017] in relation to her. The said complaint was referred to me for investigation. An adjudication hearing for that purpose was held on the 25th November, 2019. There was no appearance by or on behalf of the Complainant at the hearing.  Having checked the file and checked with the WRC office, I am satisfied that the said Complainant was informed in writing of the date, time and place at which the hearing to investigate the complaint would be held. 

In these circumstances and in the absence of any evidence to the contrary having been adduced before me, I must conclude that the within complaint is not well-founded and I decide accordingly.  

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. For the reasons outlined, I decide this complaint is not well founded.

A Former Employee   V A Hotel