ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00036439
Parties:
| Complainant | Respondent |
Parties | Paul Coates | Automation Solutions Ltd |
Representatives | Self Represented | No Appearance |
Complaints:
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-00047676-001 | 14/12/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00047676-002 | 17/02/2022 |
Date of Adjudication Hearing: 23/11/2022
Workplace Relations Commission Adjudication Officer: Úna Glazier-Farmer
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 39 of the Redundancy Payments Acts 1967 - 2014 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:
This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and SI 359/20206, which designates the WRC as a body empowered to hold remote hearings. The Complainant filed a complaint to the Workplace Relations Commission for Redundancy and Non-Payment of Wages which was received on 15 December 2021. At the hearing the Complainant represented himself and gave his evidence on affirmation. |
Summary of Complainant’s Case:
The Complainant commenced work on 12 December 1993 with the Respondent and earned €1,100 gross per week for a 39-hour week. He confirmed that there was no break in his service. The Complainant was the only employee along with the Respondent’s owner. The Complainant outlined in his evidence that there was a reduction in work which eventually led to the owner not attending at the workplace. He described being left to his own devices with no instructions or indication of when materials were due to arrive to allow him to complete his work from August 2021 until the November 2021. CA-00047676-001 The Complainant gave evidence that he was usually paid on a weekly basis however more recently was often left without payment of his wages for several weeks. Evidence of messages between the Complainant and the Respondent were presented in evidence. At the time of hearing the Complainant was due two weeks wages in the gross amount of €2,200 for the period from 8-22 October 2021. In addition, the Complainant gave evidence that he was due an additional sum of €1,100 on termination of his employment for 5 days annual leave. CA-00047676-002 The Complainant attended work up to 23 November 2021 his last day onsite. Prior to this date there was a significant reduction in work with no instruction or interaction from the Respondent. It was the Complainant’s evidence that however due to the ongoing lack of wages he was unable to sustain the cost of travelling to and from work every day and advised the Respondent of this via numerous text messages. The last message received from the Respondent to the Complainant was on 5 November 2021 requesting to know what hours he worked and advising that payment would be made once the sale of a forklift was completed. The Complainant duly sent on his hours and again explained his difficult financial situation. There was no further communication from the Respondent. On 30 November 2021 the Complainant sent the Respondent a Whatsapp message stating that he saw no point in wasting diesel travelling to work when there was no work available. He explained he was available for work but without any instruction or materials he was unable to do so. There was no response from the Respondent. On 4 March 2022 the Complainant hand delivered a letter to the Respondent’s house outlining his position. The Respondent has failed to contact the Complainant or make payment despite this engagement. It was also noted that the Complainant despite having received a payslip from the Respondent detailing statutory deductions, his PRSI or income tax had not been paid since 2 July 2021. |
Summary of Respondent’s Case:
Having reviewed the file and waited a reasonable amount of time, I am satisfied that the Respondent is on notice of this hearing. Therefore, I proceeded to hearing and decide on this claim. |
Findings and Conclusions:
This claim servers as an example of the appalling treatment of a loyal and dedicated employee by a Respondent. Of note is the lack of engagement with the Complainant who was left in an extremely difficult financial position. There is absolutely no excuse for such disrespectful treatment of a long serving employee. The Complainant was clear and detailed in his evidence and therefore, accept his claim in its entirety. CA-00047676-001 I accept the evidence of the Complainant and find that the Respondent failed in its statutory obligation under the Payment of Wages Act 1991. CA-00047676-002 I accept the Complainant’s undisputed evidence and find he is entitled to the statutory redundancy payment under the Redundancy Payments Act 1967 – 2012. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act and 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.
CA-00047676-001 I find the Complainant’s claim is well founded and award him €3,300 (minus all lawful deductions) in accordance with Section 6 of the Payment of Wages Act 1991. CA-00047676-002 I am allowing the Complainant’s claim and find that he is entitled to a statutory redundancy lump sum payment under the Redundancy Payments Acts 1967-2012 based on the following criteria: · Date of commencement of employment: 12 December 1993 · Date of termination: 23 November 2021 · Gross weekly wage €1,100 which is capped for redundancy purposes at €600 |
Dated: December 2nd 2022
Workplace Relations Commission Adjudication Officer: Úna Glazier-Farmer
Key Words:
Redundancy – Payment of Wages – No appearance |