ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00041778
Parties:
| Complainant | Respondent |
Parties | Kelly-Marie Ryan | ORM Pharmacy Limited (amended at the hearing) |
Representatives | Self-Represented | No Appearance |
Complaint:
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-00052750-001 | 06/09/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00052750-002 | 06/09/2022 |
Date of Adjudication Hearing: 19/04/2023
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 - 2014following 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 submitted a letter dated November 2021 received from the Respondent which noted the name of the Respondent as ORM Pharmacy Limited which was confirmed in the correspondence dated 18 April 2023. I therefore, accede to the application to amend the name of the Respondent. |
Summary of Complainant’s Case:
CA-00052750-001 It was the Complainant’s case that she commenced employment on 1 May 2010, she was given notice by letter dated 9 November 2021 and her employment terminated on 9 December 2021. She worked 40 hours per week and earned the minimum wage of €10.20 per hour and was paid monthly. In a letter from the Respondent which she put in evidence; she was asked to confirm what she was owed. It was her case that she made several attempts to seek her redundancy payment from the Respondent, but her calls were fruitless. CA-00052750-002 She claims she was owed two months wages (October – December 2021) totalling 267 hours and 80 hours annual leave. |
Summary of Respondent’s Case:
Having reviewed the file, I am satisfied the Respondent was on notice of the complaints. There was correspondence from a former employee who referred the matter to the company owner. While he did reply by letter dated 18 April 2023, there was no application for a postponement despite being invited to do so. He was also sent a link to the remote hearing as he was not in this jurisdiction. After waiting a reasonable time, I proceeded with the hearing. CA-00052750-001 No appearance CA-00052750-002 No appearance |
Findings and Conclusions:
CA-00052750-001 On the basis there was no appearance by or on behalf of the Respondent and having reviewed the documentary evidence and oral testimony of the Complainant I find the complaint is well founded. CA-00052750-002 Payment of Wages Act 1991, Section 6 (4) provides:- “(4) A rights commissioner shall not entertain a complaint under this section unless it is presented to him within the period of 6 months beginning on the date of the contravention to which the complaint relates or (in a case where the rights commissioner is satisfied that exceptional circumstances prevented the presentation of the complaint within the period aforesaid) such further period not exceeding 6 months as the rights commissioner considers reasonable” This complaint relates to a period from October 2021 – 9 December 2021 according to the Complainant’s submission. The WRC received the Complaint Form on 6 September 2022 and is therefore outside the 6-month time limited provided for in the Act. I have no jurisdiction in respect of this claim. |
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.
CA-00052750-001 I find the Complainant is entitled to redundancy payment pursuant to the Redundancy Payment Acts 1967 – 2012 on the following basis: Start Date: 01 May 2010 End Date: 9 November 2021 Termination Date: 21 December 2021 (six weeks’ notice period) Hours Worked Per Week: 40 Hours Weekly Gross Wage: €408.00 This payment is subject to the Complainant having been in insurable employment under the Social Welfare Acts during the relevant period CA-00052750-002 I do not have jurisdiction to hear this complaint. Therefore, the complaint is not well founded. |
Dated: 25th April 2023
Workplace Relations Commission Adjudication Officer: Úna Glazier-Farmer
Key Words:
Redundancy – Payment of Wages – No appearance |