Complainant

Respondent

Parties

Patrick  Doolin – Amended to Patrick Doolan

Camrue Catering Limited Becketts Hotel

Representatives

Liberties Citizens Information Service

John Delaney C/o DLT

Act

Complaint/Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967

CA-00047504-001

06/12/2021

Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997

CA-00047504-002

06/12/2021

Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991

CA-00047504-003

06/12/2021

The Respondent is Camrue Catering Limited whose Registered Offices at the time of presentation of the Complaint and as at the date of hearing, was Becketts Hotel, Cooldrinagh House, Cooldrinagh Lane, Leixlip, County Kildare. At the hearing the Respondent advised that this registered office will be changing to Suite, 3, The Mall, Beacon Court, Sandyford, Dublin 18, D18 KF78.

The Complainant’s surname was incorrectly spelled “Patrick Doolin” on the W.R.C. File. The Complainant’s representative applied and the Respondent consented to the amendment of the Complainant’s name to “Patrick Doolan”.   

The Complainant was employed by the Respondent as a night porter from the 19th of November 1999 until the 15th of March 2020 when he was laid off due to the COVID 19 pandemic.  He did not return to work after the lay-off, however he could not apply for redundancy until after September 2021 due to the temporary suspension of Section 12 of the Redundancy Payments Act 1967.  Following the lifting of the suspension of Section 12 in September 2021, the Complainant applied to the Respondent for a redundancy lump sum. The respondent did not pay the Complainant’s statutory lump sum.  

The parties were in agreement regarding the start and cessation dates for the Complainant’s employment and it was accepted by the Respondent that a redundancy of the Complainant’s employment occurred due to the complete cessation of the business of the Respondent which remained the case at the date of the hearing.  

The Complainant made three claims

1.       CA-00047504-001A claim for a redundancy lump sum calculated in accordance with his statutory entitlements pursuant to the Redundancy Payments Acts 1967 (as amended).

2.       CA-00047504-002A claim pursuant to section 27 of the Organisation of Working Time Act, 1997 (as amended) for outstanding pay in respect of 3 annual leave days not taken in 2020

3.       CA-00047504-003 claim pursuant to section 6 of the Payment of Wages Act, 1991. The Complainant alleged that he was not paid for his last week in work being the week commencing the 2nd of March 2020.

The matter was heard before me on the 25th of October 2022 by way of online hearing. 

The Complainant was represented at the Adjudication Hearing by the Citizen’s Information Service. 

The Complainant made three claims

1.       CA-00047504-001A claim for a redundancy lump sum calculated in accordance with his statutory entitlements pursuant to the Redundancy Payments Acts 1967 (as amended).

The Respondent conceded liability in respect of this claim.

2.       CA-00047504-002A claim pursuant to section 27 of the Organisation of Working Time Act, 1997 (as amended) for outstanding pay in respect of 3 annual leave days not taken in 2020

3.       CA-00047504-003 a claim pursuant to section 6 of the Payment of Wages Act, 1991. The Complainant alleged that he was not paid for his last week in work in March 2020 prior to the lay-off. 

The matter was dealt with by way of written and oral submissions. Sworn testimony was not required due to all material facts being agreed as between the parties.

The Respondent conceded liability in relation to the redundancy claim.

The Complainant accepted that the claims under Section 27 of the Organisation of Working Time Act 1997 and the claim pursuant to Section 6 of the Payment of Wages Act 1991 were out of time.

The Respondent was represented by its Director, Mr. John Delaney. 

The Respondent conceded the redundancy claim on the basis that the permanent cessation of the business of the Respondent was a redundancy event such as to entitle the Complainant to claim statutory redundancy up to the date of commencement of the lay-off on the 15th of March 2020.

The Respondent contended and the Complainant accepted that the claims under Section 27 of the Organisation of Working Time Act 1997 and the claim pursuant to Section 6 of the Payment of Wages Act 1991 were out of time.

CA-00047504-001A Redundancy Claim

I am satisfied that the Complainant’s position is redundant and that the Complainant is entitled to a redundancy payment based on having had insurable employment (under the Social Welfare Acts) for the duration of his employment based on the following facts

Commencement Date: 19th of November 1999

End of Employment: 15th of March 2020

Gross weekly pay: €410

CA-00047504-002A Claim for Outstanding Holiday Entitlements pursuant to Section 27 of the Organisation of Working Time Act 1997

CA-00047504-003 Claim for Unlawful Deduction pursuant to Section 6 of the Payment of Wages Act 1991

The Complainant initiated these claims by way of W.R.C. Complaint form which was received on 06/12/2021 beyond a period of 6 months from the date of the alleged contraventions and further beyond the period of 12 months which is the maximum allowable extension to the limitation period applicable to these claims. The Complainant accepted that these claims are out of time. 

Accordingly I find that the claims are not well-founded. 

CA-00047504-001A

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.

The Employer has failed to pay a redundancy payment in accordance with the Act and the within claim constitutes an appeal by the Employee (Appellant/Complainant) against that failure as provided for by s. 39, subsections (15). I allow that appeal.

A Redundancy Lump sum award should be made to the Employee/Appellant/Complainant based on the following details:

Commencement Date: 19th of November 1999

End of Employment: 15th of March 2020

Gross weekly pay: €410

CA-00038762-002

Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint/dispute in accordance with the relevant redress provisions under Schedule 6 of that Act.

The Complaint pursuant to Section 27 of the Organisation of Working Time Act 1997 is not well founded

CA-00047504-003

Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint/dispute in accordance with the relevant redress provisions under Schedule 6 of that Act.

The Complaint pursuant to Section 6 of the Payment of Wages Act 1991 is not well founded.

Redundancy – Lay Off - Section 39 of the Redundancy Payments Acts 1967 – 2012 - Section 6 of the Payment of Wages Act 1991