ADJUDICATION OFFICER DECISION CORRECTION ORDER ISSUED PURSUANT TO SECTION 39 ORGANISATION OF WORKING TIME ACT 1997 AND SECTION 41 THE WORKPLACE RELATIONS ACT 2015
Adjudication Reference: ADJ-00043176
Parties:
| Complainant | Respondent |
Parties | Michelle O'Carroll | The Parnell GAA Club
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Representatives |
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Complaint(s):
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-00052821-001 | 14/09/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00052821-002 | 14/09/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00052821-003 | 14/09/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00052821-004 | 14/09/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00052821-005 | 14/09/2022 |
Date of Adjudication Hearing: 19/05/2023
Workplace Relations Commission Adjudication Officer: Niamh O'Carroll
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 39 of the Redundancy Payments Acts 1967 - 2014 following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
Background:
Following the covid 19 lockdowns the Respondent did not reopen. The Complainant has not received her redundancy payment. |
Summary of Complainant’s Case:
The Complainant commenced working with the Respondent GAA club on the 18th May 2012. She was the payroll administrator. She did all the bank lodgements and petty cash. She was paid € 15.00 p/h and worked 25 – 29 hours per week. On the 12th March the Complainant received a call to say that the club was closing due to covid. She was asked to go in on the 13th to tidy up all the accounts and do the lodgements. She went in as normal at 9am. There were a few people there tidying things up that day. She got the lodgements prepared and went to the bank. She shut everything down and headed off. She thought it would only be for two weeks. There was very little communication during that time. She applied for the Pandemic payment immediately. She remained on it until May 2022 and then she went on job seekers allowance. She got a new job at the end of May 2022 so all of her social welfare payments stopped. In July 2021 at a meeting about the club, she was told that there was no money to reopen but they were hoping that someone else would take over the club. That never happened. She heard noting after that. In April 2022 the Complainant sent the redundancy forms to the Treasurer of the club. She didn’t hear anything back from him. She sent emails and WhatsApp. When Mr. Walsh finally got in touch with her, she was told that the forms had been sent into Revenue. She called Revenue and they told her that they had received no correspondence from the Employer. The Respondent stated in correspondence to the WRC that the Complainant has the access code for ROS but she no longer has access to that system. The certificates have long since expired. |
Summary of Respondent’s Case:
There was no appearance for or on behalf of the Respondent. However, Mr Walsh the Respondent’s former Treasurer corresponded with the WRC on the 18th May setting out the Respondent’s position. Therefore, I am satisfied that the Respondent was aware of the hearing this morning. |
Findings and Conclusions:
CA 52821 -001 and 002. The Complainant’s evidence after taking the Affirmation was as follows: She commenced with the Respondent as a payroll administrator on 18th May 2012. She worked 25 – 29 hours per week and was paid € 15 per hour. Her average weekly gross pay was € 375.00. She remained on the pandemic payment until May 2022. At that point she moved over to the Job Seekers allowance. She gained new employment at the end of May 2022. Based on the Complainant uncontested evidence I am satisfied that the Complainant is entitled to a redundancy payment based on the following information: Commencement date: 18.05.2012 End date 01.05.2022 Gross weekly pay: € 375.00 CA 52821 – 003, 004 and 005. The Complainant stated that she was due to be paid her salary together with her Public Holiday and annual leave entitlements in March 2020 but to date she has not received them. Section 41 (6) Workplace Relations Act,2015 states “subject to subsection (8), an adjudication officer shall not entertain a complaint referred to him or her under this section if it has been presented to the Director General after the expiration of the period of 6 months beginning on the date of the contravention to which the complaint relates” The Complainant’s payments were due to be paid to her in March 2020 or early April 2020. On that basis, even with the benefit of Section 41 (8) her claims are out of time. Accordingly, I find that the complaints are not well founded and accordingly fail. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint 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 52821 – 001 and 002. The complaints are well founded. The Complainant is entitled to a redundancy payment as is set out above. CA 52821 – 003, 004 and 005. The complaints fail. |
Dated: 6th June 2023
Workplace Relations Commission Adjudication Officer: Niamh O'Carroll
Key Words:
Statute barred. Redundancy. Pandemic payment. |
ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00043176
Parties:
| Complainant | Respondent |
Parties | Michelle O'Carroll | The Parnell GAA Club
|
| Complainant | Respondent |
Anonymised Parties | {text} | {text} |
Representatives |
|
|
Complaint(s):
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-00052821-001 | 14/09/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00052821-002 | 14/09/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00052821-003 | 14/09/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00052821-004 | 14/09/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00052821-005 | 14/09/2022 |
Date of Adjudication Hearing: 19/05/2023
Workplace Relations Commission Adjudication Officer: Niamh O'Carroll
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 39 of the Redundancy Payments Acts 1967 - 2014 following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
Background:
Following the covid 19 lockdowns the Respondent did not reopen. The Complainant has not received her redundancy payment. |
Summary of Complainant’s Case:
The Complainant commenced working with the Respondent GAA club on the 18th May 2012. She was the payroll administrator. She did all the bank lodgements and petty cash. She was paid € 15.00 p/h and worked 25 – 29 hours per week. On the 12th March the Complainant received a call to say that the club was closing due to covid. She was asked to go in on the 13th to tidy up all the accounts and do the lodgements. She went in as normal at 9am. There were a few people there tidying things up that day. She got the lodgements prepared and went to the bank. She shut everything down and headed off. She thought it would only be for two weeks. There was very little communication during that time. She applied for the Pandemic payment immediately. She remained on it until May 2022 and then she went on job seekers allowance. She got a new job at the end of May 2022 so all of her social welfare payments stopped. In July 2021 at a meeting about the club, she was told that there was no money to reopen but they were hoping that someone else would take over the club. That never happened. She heard noting after that. In April 2022 the Complainant sent the redundancy forms to the Treasurer of the club. She didn’t hear anything back from him. She sent emails and WhatsApp. When Mr. Walsh finally got in touch with her, she was told that the forms had been sent into Revenue. She called Revenue and they told her that they had received no correspondence from the Employer. The Respondent stated in correspondence to the WRC that the Complainant has the access code for ROS but she no longer has access to that system. The certificates have long since expired. |
Summary of Respondent’s Case:
There was no appearance for or on behalf of the Respondent. However, Mr Walsh the Respondent’s former Treasurer corresponded with the WRC on the 18th May setting out the Respondent’s position. Therefore, I am satisfied that the Respondent was aware of the hearing this morning. |
Findings and Conclusions:
CA 52821 -001 and 002. The Complainant’s evidence after taking the Affirmation was as follows: She commenced with the Respondent as a payroll administrator on 18th May 2020. She worked 25 – 29 hours per week and was paid € 15 per hour. Her average weekly gross pay was € 375.00. She remained on the pandemic payment until May 2022. At that point she moved over to the Job Seekers allowance. She gained new employment at the end of May 2022. Based on the Complainant uncontested evidence I am satisfied that the Complainant is entitled to a redundancy payment based on the following information: Commencement date: 18.05.2012 End date 01.05.2022 Gross weekly pay: € 375.00 CA 52821 – 003, 004 and 005. The Complainant stated that she was due to be paid her salary together with her Public Holiday and annual leave entitlements in March 2020 but to date she has not received them. Section 41 (6) Workplace Relations Act,2015 states “subject to subsection (8), an adjudication officer shall not entertain a complaint referred to him or her under this section if it has been presented to the Director General after the expiration of the period of 6 months beginning on the date of the contravention to which the complaint relates” The Complainant’s payments were due to be paid to her in March 2020 or early April 2020. On that basis, even with the benefit of Section 41 (8) her claims are out of time. Accordingly, I find that the complaints are not well founded and accordingly fail. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint 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 52821 – 001 and 002. The complaints are well founded. The Complainant is entitled to a redundancy payment as is set out above. CA 52821 – 003, 004 and 005. The complaints fail. |
Dated: 6th June 2023
Workplace Relations Commission Adjudication Officer: Niamh O'Carroll
Key Words:
Statute barred. Redundancy. Pandemic payment. |