ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00021495
Parties:
| Complainant | Respondent |
Anonymised Parties | Strategic HR Partner | HR consultancy firm In Liquidation |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00028147-001 | 02/05/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00028147-003 | 02/05/2019 |
Date of Adjudication Hearing: 21/11/2019
Workplace Relations Commission Adjudication Officer: Marguerite Buckley
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 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 complaint(s).
Background:
The Complainant commenced employment with the Respondent on the 7th of January 2019. The employment relationship ended on the 6th of April 2019.
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Summary of Complainant’s Case:
CA/00028147/001. This relates to outstanding holiday/annual leave entitlement. The Complainant calculated this amounting to €673.07 being one week’s leave.
CA/00028147/003. This compliant is in relation to pay in lieu of notice for the week ending 5th of April 2019. The amount due is €673.09. The Complainant resigned citing constructive dismissal. I was furnished with an email from the director of the Respondent stating that he would
“accept her resignation and her one week notice period will be paid out in lieu of notice so you do not need to come into the office next week”.
This email was dated 30th of March 2019. |
Summary of Respondent’s Case:
There was no attendance for the Respondent. |
Findings and Conclusions:
CA-00028147-003 Murphy J. in the High Court has confirmed that an employee who has been “constructively dismissed” cannot claim under the Minimum Notice and Terms of Employment Act 1973: Halal Meat Packers (Ballyhaunis) Ltd v. Employment Appeals Tribunal [1990] E.L.R. 49. The Complainant has no statutory right to notice as she gave her notice to the Respondent. Therefore, the Act was not contravened. Any claim she has in this regard is outside the terms of employment legislation. |
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.
CA/00028147/001. This complaint is well founded.
I award the Complainant €673.07 being the value of the leave in issue and a further €1,346.14 in respect of compensation for contravention of the Act.
CA/00028147/003. This complaint is not well founded. |
Dated: 19-03-2020
Workplace Relations Commission Adjudication Officer: Marguerite Buckley
Key Words:
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