ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00025574
Parties:
| Complainant | Respondent |
Anonymised Parties | A Bar Manager | A Bar Business |
Representatives | Malcolm Murphy, Solicitor, of Murphy & Co. Solicitors | Correspondence only. |
Complaints:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00032354-001 | 20/11/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00032354-002 | 20/11/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00032354-003 | 20/11/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00032354-004 | 20/11/2019 |
Date of Adjudication Hearing: 4th February 2020 and 21st October 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 and Section 8 of the Unfair Dismissals Acts, 1977 - 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.
On the date of the first Hearing, the 4th February 2020, the Adjudication Officer was informed that settlement proposals were at an advanced stage and a formal Adjudication decision would not be required. However, the settlement proposals did not reach agreement and a further Adjudication hearing was requested. This latter Hearing was held on the 21st October and again the Adjudication Officer was informed that a settlement had been reached.
Regrettably in later correspondence from the Complainant’s Legal Advisor, the Adjudication Officer was requested to issue a formal decision on the Minimum Notice (CA-00032354-001) and Redundancy (CA-00032354-003) elements of the Complaint.
The Complainant’s Legal Advisor informed the Adjudication Officer that the Respondent’s Legal Advisors would not offer any formal rebuttal evidence and were in agreement with the approach being adopted.
The Unfair Dismissal ( A-00032354-004) and Organisation of Working Time Act, 1997 (CA-00032354-002) elements of the Complaint were withdrawn by the Complainant. Letter of 2nd December 2020 refers.
Background:
The issues in contention concern the ending of employment of a Bar Manager by a Bar Operator. The Complainant alleged that he was not paid Minimum Notice or Redundancy payment. The employment had commenced on the 1st of October 2008 and ended on the 4th September 2019. The rate of pay was stated by the Parties to be €620 Gross per week. |
1: Summary of Complainant’s Case:
1:1 CA-00032354-001 Minimum Notice The Complainants’ employment was ended abruptly on the 4th September 2019 after some 11 years employment. He received no statutory Minimum Notice. 1:2 CA-00032354-002 Holiday Pay This section of the Complaint was withdrawn by Complainant letter of the 2nd December 2020 1:3 CA-00032354-003 Redundancy The Complainant alleges that he did not receive a Statutory Redundancy Payment on the ending of his employment. 1:4 CA-00032354-004 Unfair Dismissal. This Complaint was withdrawn by Complainant letter of the 2nd December 2020. |
2: Summary of Respondent’s Case:
The Respondent did not attend the Oral hearings and no direct evidence was presented. However, the Complainant’s Solicitor assured the Adjudication Officer that he had been in regular contact with the Respondent Solicitor. The Respondent did not propose to contest the case. The bona fides of the Complainant Solicitor were accepted. |
3: Findings and Conclusions:
3:1 CA-00032354-001 Minimum Notice As the employment commenced on the 1st October 2008 and ended on the 4th of September 2019 – a period in excess of 10 Years six (6) weeks Minimum Notice is due. Six weeks’ pay €620 equates to € 3,720 and is due by way of Minimum Notice. 3:2 CA-00032354-003 Redundancy From the evidence presented the Complainant is due a Statutory Redundancy Payment. From figures supplied the Start of Employment date was the 1st October 2008 and the End of Employment date was the 4th September 2019 with an average weekly renumeration of €620.
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4: Decision:
Section 41 of the Workplace Relations Act 2015 and Section 12 of the Minimum Notice & Terms of Employment Act, 1973 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions of the cited Acts.
4:1 CA-00032354-001 Minimum Notice & Terms of Employment Act, 1973
The complaint is deemed to be Well Founded. By Section 12 of the Minimum Notice & Terms of Employment Act, 1973 minimum notice of six weeks (€620 x 6) = €3,720 is awarded to the Complainant.
Section 39 of the Redundancy Payments Acts 1967 – 2012 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.
4:2 CA-00032354-003 Redundancy Payments Act, 1967
Under Section 39 and Section 19 and Schedule Three of the Redundancy Payments Acts 1967 – 2012, an award of Statutory Redundancy is made in favour of the complainant.
The relevant Redundancy dates are: Employment began of the 1st October 2008 and ended on the 4th September 2019.
The stated (by the Complainant) average weekly renumeration was € 620.00
4:3 CA-00032354-002 Holiday Pay, Organisation of Working Time Act, 1997 and CA-00032354-004 Unfair Dismissals Act, 1977 were withdrawn. Accordingly, no Adjudication decision is made on these elements of the claim.
Dated: 30th April 2021
Workplace Relations Commission Adjudication Officer: Michael McEntee
Key Words:
Redundancy, Minimum Notice, Unfair Dismissal. |