CORRECTION ORDER
ISSUED PURSUANT TO SECTION 39 OF THE ORGANISATION OF WORKING TIME ACT 1997
This Order corrects the original Decision ADJ -00038005 issued on 30/09/22 and should be read in conjunction with that Decision.
ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00038005
Parties:
| Complainant | Respondent |
Parties | Ray O' Mahony | Muirdrum Limited European Auctioneers And Estate Agents |
Representatives | David Fitzgerald, O'Sullivan, Reidy Solicitors | No Appearance |
Complaints:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00049434-001 | 30/03/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00049434-002 | 30/03/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00049434-003 | 30/03/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00049434-004 | 30/03/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00049434-006 | 30/03/2022 |
Date of Adjudication Hearing: 22/09/2022
Workplace Relations Commission Adjudication Officer: Úna Glazier-Farmer
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.
Background:
I conducted a remote hearing in accordance with the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and Statutory Instrument 359/2020 which designates the Workplace Relations Commission as a body empowered to hold remote hearings.
I explained the changes arising from the judgment of the Supreme Court in Zalewski v. Adjudication Officer and WRC, Ireland and the Attorney General [2021] IESC 24 on 6 April 2021. The Complainant agreed to proceed in the knowledge that decisions issuing from the WRC would disclose their identities.
The Complaint Form was received on 30 March 2022
Having waited a reasonable period time, there was no appearance on behalf of the Respondent. I am satisfied that the Respondent was on notice of hearing. Therefore, I proceeded with the hearing.
The Complainant swore an Oath on a Bible.
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Summary of Complainant’s Case:
The Complainant commenced employment on 6 May 2002 with the Respondent until 30 October 2021 as an Estate Management Agent. He earned the sum of €720 a month and worked 24 hours per week CA-00049434-002 It was the Complainant’s evidence that he never received a contract of employment. CA-00049434-001 and CA-00049434-003 The Respondent’s business closed in March 2020 due to the Covid19 pandemic. In October 2021, the Respondent asked the Complainant and requested that he put together the annual statements for clients of rent collected. Subsequently, at a meeting in the Respondent’s office, the Complainant was told by Mr O’Donnell of the Respondent that the business was closing. The Complainant enquired if he would be entitled to redundancy, to which he was told that Mr O’Donnell would contact his accountant and revert to him. The Complainant has not heard from the Respondent since despite trying to contact him. CA-00049434-004 It was the Complainant’s evidence that he has not received his minimum notice of 8 weeks based on 19 years’ service. CA-00049434-006 The Complainant gave evidence that he did not receive annual leave pay upon termination of his employment. |
Summary of Respondent’s Case:
There was no appearance by or on behalf of the Respondent. Having carefully reviewed the file I am satisfied that the Respondent was on notice of the claim against it. I waited a reasonable time before proceeding with the hearing in the absence of the Respondent. |
Findings and Conclusions:
CA-00049434-001 I accept the unconsented evidence of the Complainant. I find that he was dismissed without any regard for fair procedures or the principles of natural justice. CA-00049434-002 I accept the unconsented evidence of the Complainant. CA-00049434-003 I accept the unconsented evidence of the Complainant. CA-00049434-004 I accept the unconsented evidence of the Complainant. CA-00049434-006 I accept the unconsented evidence of the Complainant. |
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.
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.
Section 8 of the Unfair Dismissals Acts, 1977 – 2015 requires that I make a decision in relation to the unfair dismissal claim consisting of a grant of redress in accordance with section 7 of the 1977 Act.
CA-00049434-001 I find the Complainant was unfairly dismissed and award him the sum of €7,920 for the financial loss suffered as a result. CA-00049434-002 I find the complaint is well founded and award the Complainant the sum of €664.60, the equivalent of 4 weeks wages. CA-00049434-003 The complaint is well founded. The Complainant is entitled to a redundancy payment based on the following details. Commencement Date: 6 May 2002 Termination Date: 30 October 2021 Weekly Gross Salary: €166.15 Weekly Working Hours: 24 CA-00049434-004 I find the Minimum Notice & Terms of Employment Act, 1973 was contravened and award the Complainant the sum of €1,329.20, the equivalent of 8 weeks wages. CA-00049434-006 I find the complaint is well founded and award the Complainant compensation in the sum of €1,993.80, the equivalent of 12 weeks wages having regard for what is just and equitable. |
Dated: 30/09/2022
Workplace Relations Commission Adjudication Officer: Úna Glazier-Farmer
Key Words:
Unfair Dismissal- Contract of Employment- Redundancy – Annual Leave |
ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00038005
Parties:
| Complainant | Respondent |
Parties | Ray O' Mahony | Muirdrum Limited European Auctioneers And Estate Agents |
Representatives | David Fitzgerald, O'Sullivan, Reidy Solicitors | No Appearance |
Complaints:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00049434-001 | 30/03/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00049434-002 | 30/03/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00049434-003 | 30/03/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00049434-004 | 30/03/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00049434-006 | 30/03/2022 |
Date of Adjudication Hearing: 22/09/2022
Workplace Relations Commission Adjudication Officer: Úna Glazier-Farmer
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.
Background:
I conducted a remote hearing in accordance with the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and Statutory Instrument 359/2020 which designates the Workplace Relations Commission as a body empowered to hold remote hearings.
I explained the changes arising from the judgment of the Supreme Court in Zalewski v. Adjudication Officer and WRC, Ireland and the Attorney General [2021] IESC 24 on 6 April 2021. The Complainant agreed to proceed in the knowledge that decisions issuing from the WRC would disclose their identities.
The Complaint Form was received on 30 March 2022
Having waited a reasonable period time, there was no appearance on behalf of the Respondent. I am satisfied that the Respondent was on notice of hearing. Therefore, I proceeded with the hearing.
The Complainant swore an Oath on a Bible.
|
Summary of Complainant’s Case:
The Complainant commenced employment on 6 May 2002 with the Respondent until 30 October 2021 as an Estate Management Agent. He earned the sum of €720 a month and worked 24 hours per week CA-00049434-002 It was the Complainant’s evidence that he never received a contract of employment. CA-00049434-001 and CA-00049434-003 The Respondent’s business closed in March 2020 due to the Covid19 pandemic. In October 2021, the Respondent asked the Complainant and requested that he put together the annual statements for clients of rent collected. Subsequently, at a meeting in the Respondent’s office, the Complainant was told by Mr O’Donnell of the Respondent that the business was closing. The Complainant enquired if he would be entitled to redundancy, to which he was told that Mr O’Donnell would contact his accountant and revert to him. The Complainant has not heard from the Respondent since despite trying to contact him. CA-00049434-004 It was the Complainant’s evidence that he has not received his minimum notice of 8 weeks based on 19 years’ service. CA-00049434-006 The Complainant gave evidence that he did not receive annual leave pay upon termination of his employment. |
Summary of Respondent’s Case:
There was no appearance by or on behalf of the Respondent. Having carefully reviewed the file I am satisfied that the Respondent was on notice of the claim against it. I waited a reasonable time before proceeding with the hearing in the absence of the Respondent. |
Findings and Conclusions:
CA-00049434-001 I accept the unconsented evidence of the Complainant. I find that he was dismissed without any regard for fair procedures or the principles of natural justice. CA-00049434-002 I accept the unconsented evidence of the Complainant. CA-00049434-003 I accept the unconsented evidence of the Complainant. CA-00049434-004 I accept the unconsented evidence of the Complainant. CA-00049434-006 I accept the unconsented evidence of the Complainant. |
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.
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.
Section 8 of the Unfair Dismissals Acts, 1977 – 2015 requires that I make a decision in relation to the unfair dismissal claim consisting of a grant of redress in accordance with section 7 of the 1977 Act.
CA-00049434-001 I find the Complainant was unfairly dismissed and award him the sum of €7,920 for the financial loss suffered as a result. CA-00049434-002 I find the complaint is well founded and award the Complainant the sum of €664.60, the equivalent of 4 weeks wages. CA-00049434-003 The complaint is well founded. The Complainant is entitled to a redundancy payment based on the following details. Commencement Date: 6 May 2002 Termination Date: 30 October 2021 Weekly Gross Salary: €166.15 Weekly Working Hours: 24 CA-00049434-004 I find the Minimum Notice & Terms of Employment Act, 1973 was contravened and award the Complainant the sum of €1,329.20, the equivalent of 8 weeks wages. CA-00049434-006 I find the complaint is well founded and award the Complainant compensation in the sum of €1,9993.80, the equivalent of 12 weeks wages having regard for what is just and equitable. |
Dated: 30/09/2022
Workplace Relations Commission Adjudication Officer: Úna Glazier-Farmer
Key Words:
Unfair Dismissal- Contract of Employment- Redundancy – Annual Leave |