ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00035777
Parties:
| Complainant | Respondent |
Parties | Graham Lindsay | Parkfly Limited |
| Complainant | Respondent |
Anonymised Parties | {text} | {text} |
Representatives |
| N/A |
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-00046805-001 | 01/10/2021 |
Date of Adjudication Hearing: 09/08/2022
Workplace Relations Commission Adjudication Officer: Breiffni O'Neill
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
The Respondent was placed into liquidation in 2021 and a liquidator was appointed on 16 March 2021. The liquidator confirmed in writing on 30 September 2021 that payment had been issued to the Complainant in respect of his statutory minimum notice and that they would not be attending the hearing.
Background:
The Complainant commenced his employment with the Respondent on 12 October 2011. His position was terminated on the grounds of redundancy on 16 April 2021. He stated that he did not receive his full contractual notice entitlements. |
Summary of Complainant’s Case:
The Complainant stated that he had not been paid his full notice entitlement of €4,465.40, namely four weeks’ pay. |
Summary of Respondent’s Case:
The Respondent is in liquidation. The liquidator confirmed in writing on 30 September 2021 that they would not be attending the hearing. |
Findings and Conclusions:
The Complainant’s minimum notice entitlement according to his contract of employment is €4,465.40, namely four weeks’ pay. The amount of €2,400 in respect of his statutory minimum notice was paid to him by the Department of Social Protection upon filing of the IP1 by the liquidators. I find therefore that a shortfall exists in the amount of the notice that the Complainant was due according to his contract of employment. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
I find that the complaint is well founded for the reasons set out above and that the Respondent should pay the Complainant €2,065.40 |
Dated: 15th August 2022
Workplace Relations Commission Adjudication Officer: Breiffni O'Neill
Key Words:
|