ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00041633
Parties:
| Complainant | Respondent |
Anonymised Parties | A Valetor | A Car sales company. |
Representatives | Self Represented | Michael Glynn & Co. Solicitors |
Complaint(s):
Act | Complaint/Dispute 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-00052772-001 | 09/09/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00052772-002 | 09/09/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00052772-003 | 09/09/2022 |
Date of Adjudication Hearing: 20/07/2023
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Procedure:
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. In deference to the Supreme Court ruling, Zalewski v Ireland and the WRC [2021] IESC 24 on the 6th of April 2021 the Parties were informed in advance that the Hearing would be in Public, Testimony under Oath or Affirmation would be required and full cross examination of all witnesses would be provided for. The Hearing too place completely in public and the required Affirmation was administered to all witnesses. The legal perils of committing Perjury were explained to all parties. Full cross examination of Witnesses was allowed but was not required.
Background:
The Complainant submitted three claims under the above Acts but at that the commencement of the Hearing he confirmed he had only two complaints. One for the non payment of proper statutory notice and the second for a weeks holiday pay due. At the outset of the Hearing the Respondent accepted the payments were due and the parties discussed payment terms. The Complaints had been submitted against the trading name of the company and the Respondent advised the Hearing that the correct legal entity name was the Respondent and they accepted the complaints were against them. The Complainant consented to this change of name for the Respondent. The Complainant stated in his complaint form he earned 519.08 Euros pr week. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
The Respondent accepted that the Complainant was entitled to six weeks notice pay. The parties agreed a weeks notice pay had already been paid thus leaving an amount of 2595.40 notice pay due to the Complainant. I award the Complainant 2595.40 Euros. (CA-00052772-001) The Respondent accepted that an amount of 519.08 was due for holidays. I award the Complainant 519.08 Euros. (CA-00052772-003) (CA-00052772-002) was withdrawn as it was a duplicate complaint. The parties agreed that the Respondent will pay the Complainant an amount of 1557.24 Euros by August 17th 2023 (at the latest) and a further payment of 1557.24 Euros by September 14th 2023 (at the latest). The Complainant is to supply the Respondent Solicitor with his bank details by email. For clarity, the amounts payable are wages due and not compensation. Under Section 13 and 14 of the Workplace Relations Act 2015 an Adjudicator has the power to anonymise a decision for publication. The legal entity of the Respondent party was not a named party to the proceedings and the Respondent requested that due to this and the lack of disagreement about the amounts due that it was appropriate to anonymise the parties in the Decision. The Complainant concurred with this request. I have therefore used my power under the Act to anonymise the Parties. |
Dated: 25th July 2023
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Key Words:
Minimum Notice |