ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00043069
Parties:
| Complainant | Respondent |
Parties | Jerzy Wiecek | O'Shea & Murphy Building & Carpentry Contractors |
Representatives | Self represented | Self represented |
Complaints:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 45A of the Industrial Relations Act, 1946 | CA-00052789-001 | 12/09/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00052789-002 | 12/09/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00052789-003 | 12/09/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00052789-004 | 12/09/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00052789-005 | 12/09/2022 |
Date of Adjudication Hearing: 27/06/2023
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Procedure:
In accordance with Section 41 of the Workplace Relations Act,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:
The Complainant seeks redundancy payment, payment in lieu of annual leave and payment in lieu of minimum notice.
Summary of Complainant’s Case:
The Complainant was employed as a Labourer on €600 per week from 15 October 2007 until 24 March 2022 when the business ceased. He was told on the last day of his employment that he should look for another job. He was aware of the personal circumstances of the owners of the business but he had bills to pay and no money coming in since 24 March 2022.
Summary of Respondent’s Case:
The Respondents stated that they did advise the workers in October and December 2021 that the business was going down. They gave the Complainant and his fellow worker a written note on 21 February 2022 to advise that a number of jobs had been cancelled. In their view, that constituted notice of 4 weeks. They contend that annual leave pay was up to date to December 2021. They agree that the Complainant is entitled to statutory redundancy payment. They are not in a position to pay. Personal circumstances arose where both owners were unable to work.
Findings and Conclusions:
CA-00052789-001 and CA-00052789-005 – Annual leave claim
I accept the Respondent’s evidence that the Complainant received his statutory entitlement to annual leave up to December 2021. The Complainant then worked for another three months, entitling him to a further period of annual leave under the relevant statute. I find that the Complainant is entitled to one week’s pay for annual leave accrued and not taken and I find his complaint to be well founded. I require the Respondent to pay to the Complainant the sum of €600.
CA-00052789-002 – Statutory Redundancy
I note the Respondent agrees the Complainant is entitled to a statutory redundancy payment,
I find the Complainant’s claim to a statutory redundancy payment is well founded.
The Complainant is entitled to a statutory redundancy payment based on the following:
Date of commencement: 15 October 2007
Date of termination: 24 October 2022
Gross weekly pay : €600
This award is made subject to the complainant having been in insurable employment under the Social Welfare Acts during the relevant period.
CA-00052789-003 and CA-00052789-004 – Minimum Notice
The Complainant claims payment for minimum notice. According to the Act, employees with more than 10 years service and less than 15 years service are entitled to 6 weeks notice. In this case, I note the Respondents’ evidence that in their view they furnished the required notice in a written note in February 2022. However, a reading of that note shows that they stated “it may be necessary for us to close for a few weeks until we see what the position is regarding new work to fill in for the cancelled work..” I find that this does not constitute minimum notice.
I find that the Complainant is entitled to 6 weeks notice as per the Act and I require the Respondent to pay to the Complainant €3,600 in lieu of notice.
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.
CA-00052789-001 and CA-00052789-005
I have decided that this complaint is well founded. I require the Respondent to pay to the Complainant the sum of €600.
CA-00052789-002
The Complainant is entitled to a statutory redundancy payment based on the following:
Date of commencement: 15 October 2007
Date of termination: 24 October 2022
Weekly renumeration: €600
This award is made subject to the complainant having been in insurable employment under the Social Welfare Acts during the relevant period.
CA-00052789-003 and CA-00052789-004
I have decided that the complaint is well founded and I require the Respondent to pay to the Complainant €3,600 in lieu of minimum notice.
Dated: 29 August 2023
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Key Words:
Statutory redundancy, minimum notice, annual leave. |