ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00025253
Parties:
| Complainant | Respondent |
Anonymised Parties | {A Restaurant Manager} | {A Restaurant} |
Representatives | Stewart Reddin Liberties Citizens Information Centre | None |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00032055-001 | 07/11/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00032055-002 | 07/11/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00032055-003 | 07/11/2019 |
Date of Adjudication Hearing: 17/12/2019
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 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 Complainant was employed as a Restaurant Manager from 24th June 2017 to 10th September 2017. Then rehired on 27th May 2018 until 2nd September 2019. |
Summary of Complainant’s Case:
CA-00032055-001 While the Complainant worked in the restaurant there were frequent delays with wages. Eventually the restaurant closed on 3rd September 2019 without notice when the Landlord arrived demanding the keys. The Complainant contacted the Respondent seeking monies owed but never received these. She is owed €2,049 plus 3.3 days of holidays unpaid. The company is in breach of the Payment of Wages Act 1991. CA-00032055-002 The Complainant is owed her statutory minimum notice of 1 week’s notice as she was employed for 15 months. Her average weekly wage was €370.00. CA-00032055-003 The Complainant did not receive payment for 7 public holidays which she worked. |
Summary of Respondent’s Case:
CA-00032055-001, CA-00032055-002 , CA-00032055-0031 There was no appearance by or on behalf of the Respondent at the hearing. |
Findings and Conclusions:
I have considered carefully the submissions of the Complainant. CA-00032055-001 The Complainant is a non-national who was employed by the Respondent which closed down on 3rd September 2019 and has not re-opened. She received payslips from the company, but some of the monies due in the 6 months prior to making her claim on 7th November 2019 were not lodged into her bank account. The Complainant was paid 12 euro per hour. I find this complaint is well founded and pursuant to S6 of the Payment of Wages Act 1991 I direct payment of arrears of wages of €2,049.00 gross and 3.33 days holidays of €319.68 gross by the Respondent to the Complainant. In addition, I award compensation of €680 net wages to be paid by the Respondent to the Complainant. CA-00032055-002 The Complainant was not aware the restaurant was closing on 2nd September. She gave evidence that one week’s statutory minimum notice was subsequently not paid. I find the complaint is well founded. Pursuant to S11 of the Minimum Notice and Terms of Employment Act 1973 I direct payment of one week’s notice by the Respondent of €370.00 gross. CA-00032055-003 The Complainant ceased employment with the Respondent on 2nd September 2019 and her complaint was received by the Workplace Relations Commission on 7th November 2019. She seeks payment of 7 days public holidays unpaid. S41 of the Workplace Relations Act 2015 requires that a complaint of a contravention of any relevant provision of the Act must be presented within six months of the contravention unless the failure to do so was reasonable. No application for an extension of time has been made by the Complainant. Accordingly, the Complainant’s claim is limited to four public holidays in August, June, May and April 2019. I find this complaint is well founded in part and direct payment by the Respondent to the Complainant of €384 euro gross. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
CA-00032055-001 I find this complaint is well founded. I direct payment of arrears of wages of €2,049.00 gross and 3.33 days holidays of €319.68 gross by the Respondent to the Complainant. In addition, I award compensation of €680 net wages to be paid by the Respondent to the Complainant, total €3048.68. CA-00032055-002 This complaint is well founded and I direct payment of one week’s notice by the Respondent of €370.00 gross. CA-00032055-003 I find this complaint is well founded in part and direct payment by the Respondent to the Complainant of €384 euro gross for four public holidays.
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Dated: 10/09/2020
Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll