Complainant

Respondent

Anonymised Parties

Waitress

Cafe

Representatives

Frank Gearty, E. C. Gearty & Co. Solicitors

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-00030685-001

05/09/2019

Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997

CA-00030685-002

05/09/2019

Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973

CA-00030685-003

05/09/2019

All complaints were received by the commission on 5th September 2019. A hearing in relation to all complaints was held and finalised on 18th November 2019.

The Complainant commenced employment with the Respondent on the 14th December 2014. The Complainant usually worked for 27 hours per week, for which she was paid the sum of €10 per hour. As part of this working week, the Complainant was scheduled to work for 7.5 hours each Sunday, for which she did not receive any additional payment or alternative form of compensation.

On the morning of 19th July 2019, the Complainant attended for work in the normal manner. On arriving at the premises, the Complainant’s line manager advised her that the premises was closing and that she should immediately seek alternative employment. From this date forward, the Respondent ceased operation and it was apparent that the Complainant’s employment had been terminated. When the Complainant queried her outstanding annual leave and notice payments, she was advised that the manager of the Respondent was seeking to sell property belonging to the restaurant, after which he would have funds to discharge these obligations. On the date of the hearing, these payments still had not been received.

The Respondent company was not represented and did not attend the hearing. I am satisfied that the on the date of the hearing, the Respondent continued to be a registered entity and has its correct registered address as that given by the Complainant. I am further satisfied that the Respondent was notified of the date of hearing on the 18th November 2019.Without further explanation being given, I proceeded to hear the complaint in the Respondent’s absence.

I have carefully considered the Complainant’s evidence in this matter. It is clear that the termination of the Complainant’s employment in the manner set out above constitutes a valid redundancy within the meaning of the Acts.

I accept that the Complainant worked a 27 hour week at the rate of €10.00 per hour and was therefore on a gross salary of €270.00 per week.

I am satisfied that the Complainant is entitled to a redundancy payment based on the following facts established in evidence:

Date of Commencement: 14th December 2014

Date of Termination: 19th July 2019

Gross weekly wage: €270.00

Further to the above, I accept the Complainant’s evidence that she was given no advanced notice of the fact that her employment was due to terminate. The Complainant was entitled to two weeks’ notice in circumstances where she had in excess of two, but less than five, years’ service.

I also accept the Complainant’s uncontested evidence that she worked almost all Sundays within the relevant period of the claim without compensation of any form by her employer.

Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 - CA-0030685-001

I find that the termination of the Complainant’s employment constituted a redundancy within the meaning of the Acts. Consequently, the complainant is entitled to a statutory redundancy payment based on the start date, end date and gross weekly earnings outlined above.

Complaint seeking adjudication by the Workplace Relations Commission under Section 27 of the Organisation of Working Time Act 1997 CA-00030685-002

Section 27 of the Organisation of Working Time Act 1997 (as amended) provides that a decision of an Adjudication Officer shall do one or more of the following:

1.Declare the complaint was or was not well founded;

2.Require the Employer to comply with the relevant provision;

3.Require the employer to pay to the employee compensation of such amount as is just and equitable having regard to all the circumstances but not exceeding 2 years remuneration.

In light of the foregoing I find that the complaint as presented to me is well founded. Given that the breach of the legislation occurred frequently within the relevant period and affected a significant portion of the Complainant’s working week, I direct the Respondent to pay the Complainant compensation in the sum of €1,000.

Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 - CA-00030685-003

The Complainant is entitled to be paid two weeks’ notice at the rate of €270 per week, to a total of €560.

Redundancy, Minimum Notice, Sunday Premium