Parties:

	Complainant	Respondent
Parties	Anne Smith	Parkfly Limited

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-00046806-001	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 her statutory minimum notice and that they would not be attending the hearing.

Background:

The Complainant commenced her employment with the Respondent on 1 December 2003. Her position was terminated on the grounds of redundancy on 16 April 2021. She stated that she did not receive her full contractual notice entitlements.

Summary of Complainant’s Case:

The Complainant stated that she had not been paid her full notice entitlement of €16,923.04, namely eight 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 her contract of employment is €16,923.04, namely eight weeks pay. The amount of €4,800 in respect of her statutory minimum notice was paid to her 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 notice that the Complainant was due according to her 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 €12,123.04.

Dated: 16-08-22