ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00025461

Parties:

	Complainant	Respondent
Anonymised Parties	A Waitress	A Bistro

Representatives

Brendan Byrne – UNITE

Owner /Manager

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-00032341-001	20/11/2019
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00032341-002	20/11/2019
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00032341-003	20/11/2019
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967	CA-00032341-004	20/11/2019
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973	CA-00032341-005	20/11/2019
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00032341-006	20/11/2019

Date of Adjudication Hearing: 15/01/2020

Workplace Relations Commission Adjudication Officer: Michael McEntee

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 ; Section 39 of the Redundancy Payments Acts 1967 - 2014 ; Section 27 of the Organisation of Working Time Act, 1997 ; Section 11 of the Minimum Notice & Terms of Employment Act, 1973and Section 6 of the Payment of Wages Act, 1991following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).

Background:

The issues in contention concern payments alleged to be outstanding to the Complainant following the closure of the Respondent business in late 2019.

The business closed in October 2019. By the date of the Adjudication Hearing a payment (Redundancy) had been made to the Complainant and the issue now resolved on a number of other outstanding issues.

The Respondent former Owner/ Manager attended, and most figures were agreed at the Hearing.

The weekly wage used in calculations was € 420 as stated on the original Complaint form. This figure was agreed by the former Owner.

1: Summary of Complainant’s Case:


Act	Complaint/Dispute Reference No.	Summary Complaint
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00032341-001	2 Bank Holidays not paid 5th August and 28th October 2019. €420 /5 = € 84 Value of € €168
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00032341-002	Outstanding Statutory Notice Pay. 2 Weeks statutory Notice Pay. €420 x2 = €840
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00032341-003	Outstanding Ordinary Annual Leave. Stated at the Hearing to be 9 Days. 9 X €84 = € 756
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967	CA-00032341-004	Withdrawn / Redundancy had been paid by the date of the Hearing,
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973	CA-00032341-005	WITHDRAWN
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00032341-006	Outstanding Wage Payments for week 43 =€ 444 and week 44 = € 264 total =€708

2: Summary of Respondent’s Case:

The above figures in the Complainant’s complaint were provisionally agreed as being accurate by the former Owner Manger who was in attendance. The complaints were not contested.

3: Findings and Conclusions:

This was an evolving situation.

Accordingly, and on the basis of the uncontested evidence of the Complainant, I came to the following conclusions.

Act	Complaint/Dispute Reference No.	Summary Conclusions
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00032341-001 Bank Holidays	2 Bank Holidays not paid -5th August and 28th October 2019 - €420 /5 = € 84 Claim Value of €168 As per the Organisation of Working Time Act, 1997, Payment of € 168 is to be made to the Complainnat
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00032341-002 Outstanding Statutory Notice Pay.	2 Weeks statutory Notice Pay. €420 x2 = €840 As per the Payment of Wages Act, 1991 Payment of €840 to be made to the Complainant
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00032341-003 Ordinary Annual Leave	Outstanding Ordinary Annual Leave. Stated at the Hearing to be 9 Days. 9 X €84 = € 756 As per the Organisation of Working Time Act, 1997 € 756 to be paid to the Complainant
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967	CA-00032341-004	Withdrawn / Redundancy had been paid by the date of the Hearing,
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973	CA-00032341-005	WITHDRAWN
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00032341-006	Outstanding Wage Payments for week 43 =€ 444 and week 44 = € 264 total =€708 As per the Payment of Wages Act, 1991 € 708 to be paid to the Complainant

4: Decision:

Section 41 of the Workplace Relations Act 2015; Section 39 of the Redundancy Payments Acts 1967 - 2014; Section 27 of the Organisation of Working Time Act, 1997; Section 11 of the Minimum Notice & Terms of Employment Act, 1973and Section 6 of the Payment of Wages Act, 1991requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions of the cited Acts.

Act	Complaint/Dispute Reference No.	Adjudication Decision.
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00032341-001 Bank Holidays	As per the Organisation of Working Time Act, 1997, Payment of € 168 is to be made to the Complainnat
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00032341-002 Outstanding Statutory Notice Pay.	As per the Payment of Wages Act, 1991 Payment of €840 to be made to the Complainant
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00032341-003 Ordinary Annual Leave	As per the Organisation of Working Time Act, 1997 € 756 to be paid to the Complainant
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967	CA-00032341-004	Withdrawn / Redundancy had been paid by the date of the Hearing,
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973	CA-00032341-005	WITHDRAWN
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00032341-006 Outstanding Wages	As per the Payment of Wages Act, 1991, € 708 to be paid to the Complainant

Taxation of the above Redress awards to be considered on the advice of the Revenue Commissioners.

Dated: 18th September 2020

Workplace Relations Commission Adjudication Officer: Michael McEntee

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