ADJUDICATION OFFICER DECISIONS
Adjudication Reference: ADJ-00027987
Parties:
| Complainant | Respondent |
Parties | Matthew Jay | Peak Construction Ltd |
Representatives | Self-represented | None |
Complaints:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00035967-001 | 01/05/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00035967-002 | 01/05/2020 |
Date of Adjudication Hearing: 15/02/2023
Workplace Relations Commission Adjudication Officer: Kevin Baneham
Procedure:
On the 1st May 2020, the complainants referred complaints to the Workplace Relations Commission. They were scheduled for adjudication, and for one reason and another, mainly arising from the Covid-19 pandemic, the hearing proceeded on the 15th February 2023. I ensured that service was made to the registered address of the respondent, and this was by post.
At the time the hearing was scheduled to commence, there was no attendance by or on behalf of the respondent. I had ensured that the respondent was on notice of the time and date of the hearing as well as being provided the log-in details. I proceeded with the hearing in the absence of the respondent.
In accordance with section 41 of the Workplace Relations Act, 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.
Summary of Complainant’s Case:
The complainant worked for the respondent for four years. The employees were put on temporary lay-off just before the pandemic but never returned to work. The respondent informed the complainant that there was no more work. This took place on the 12th March 2020. The complainant outlined that he was owed two weeks of notice and two days of annual leave. |
Summary of Respondent’s Case:
The respondent wrote on the 7th February 2023 to explain the circumstances of the company, including that a receiver was to be appointed. |
Findings and Conclusions:
The complainant is entitled to two weeks of notice pay per the Minimum Notice & Terms of Employment Act (2 x €682.50). The complainant is entitled to three days of leave, two being annual leave and one being the public holiday on the 17th March 2020 (which fell within the statutory notice period. I award €400 for the contraventions of the Organisation of Working Time Act. |
Decisions:
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-00035967-001 The complaint pursuant to the Minimum Notice & Terms of Employment Act is well-founded and the respondent shall pay to the complainant redress of €1,365. CA-00035967-002 The complaint pursuant to the Organisation of Working Time Act is well-founded and the respondent shall pay to the complainant redress of €400. |
Dated: 24/02/2023
Workplace Relations Commission Adjudication Officer: Kevin Baneham
Key Words:
Notice pay / leave cesser pay |