Complainant

Respondent

Parties

Gary  Coen

The Minister for Social Protection

Complainant

Respondent

 Parties

Gary Coen

The Minister for Social Protection

Representatives

  No show

Joseph Dolan Chief State Solicitor's Office

Act

Complaint Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under Section 9 of the Protection of Employees (Employers’ Insolvency) Act, 1984.

CA-00041381-001

22/09/2020

The Complainant worked for Debenhams as a visual manager. On or about the 16th of April 2020 his employment ended. The Complainant stated that he was not paid by the Minister for Social Protection the full payment due to him under the Insolvency Payment Scheme.

The Complainant failed to attend the hearing.

The Respondent was in attendance in ready to present their case. The Respondent submitted that the Complainant had in fact received the full 8 weeks Minimum Notice that can be awarded under section 6 of the Act:

6.—(1) If, on an application made to him in the prescribed form by or on behalf of an individual, the Minister is satisfied that—

(a) the person by or on whose behalf the application is made (which person is in this section subsequently referred to as “the applicant”) is a person to whom this Act applies, and that he was employed by an employer who has become insolvent, and

(b) the date on which the employer became insolvent is a day not earlier than the 22nd day of October, 1983, and

(c) on the relevant date the applicant was entitled to be paid the whole or part of any debt to which this section applies, the Minister shall, subject to this section, pay to or in respect of the applicant out of the Social Insurance Fund the amount which, in the opinion of the Minister, is or was due to the applicant in respect of that debt.

(2)(a) Subject to paragraph (b) of this subsection, the following are debts to which this section applies—

(i) any arrears of normal weekly remuneration in respect of a period, or of periods in the aggregate, not exceeding eight weeks, and to which the applicant became entitled during the relevant period,

(ii) any arrears due, in respect of a period or periods not exceeding eight weeks in all under a scheme or arrangement which, forming part of an employee’s contract of employment, provides or is capable of providing in relation to employees in any description of employment, payments payable to any such employees in respect of periods during which they are unable to fulfil their contract of employment due to ill health and to which the applicant became entitled during the relevant period,

As the Complainant’s gross weekly wage was over €600 and he was entitled to 8 weeks at €600 per week, the Respondent is satisfied that he was paid the correct amount as provided for under Section 6 of the Act.

The Complainant consented to being contacted by email.

On or about the 10th of November 2022 the Complainant was notified by email of the hearing and also by registered post on or about the 10th of December 2022, which detailed the date, time and place of the hearing.

The Complainant failed to attend at the hearing.

I am satisfied that the Complainant was notified of the hearing.

As the Respondent attended and was ready to present their case and the Complainant failed to attend, I determine that the complaint is not well founded and dismiss the complaint.

On or about the 10th of November 2022 the Complainant was notified by registered post and email of the hearing which detailed the date, time and place of the hearing and failed to attend at the hearing scheduled to investigate his complaint. As the Respondent was in attendance and present their case, in these circumstances I determine that the complaint is not well founded and dismiss the complaint.

No show.