ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00027819
Parties:
| Complainant | Respondent |
Anonymised Parties | An Employee | A Public House |
Representatives | Siobhan McCormack North Connacht and Ulster Citizens Information Centre | Cormac Mohan Fitzwilliam Corporate Insolvency |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 10 of the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (S.I. No. 131 of 2003) | CA-00034893-007 | 27/02/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 10 of the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (S.I. No. 131 of 2003) | CA-00035139-007 | 10/03/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 10 of the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (S.I. No. 131 of 2003) | CA-00035154-007 | 10/03/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00036093-016 | 10/03/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00036093-018 | 10/03/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00036093-020 | 10/03/2020 |
Date of Adjudication Hearing: 27.6.2022; 19.12.2022; 14.11.23
Workplace Relations Commission Adjudication Officer: Emile Daly
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and/or Section 39 of the Redundancy Payments Acts 1967 - 2014 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 pursued the following complaints
CA-00036093-016 - Redundancy CA-00036093-018 – Annual Leave CA-00036093-020 – Minimum Notice
All other complaints were withdrawn |
Summary of Complainant’s Case:
Under affirmation the Complainant gave the following evidence:
He commenced work with the Respondent on 03 December 2017 His employment was terminated without notice on 19 January 2020
CA-00036093-016 - Redundancy The Complainant claims that he was made redundant when the Respondent ceased trading and that he was entitled to redundancy based on his service and a gross weekly salary of €846.15 – capped at the statutory ceiling of €600.00
CA-00036093-018 – Annual Leave The Complainant claims that at the end of his employment he was owed two weeks of unpaid annual leave at a weekly rate of €846.15. He claims the sum of €1692.30
CA-00036093-020 – Minimum Notice The Complainant claims that he was entitled to 2 weeks of notice prior to the termination of his employment. He neither received notice nor was he paid in lieu of notice. His gross weekly wage was €846.15. He claims the sum of €1692.30
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Summary of Respondent’s Case:
The Respondent is in liquidation and the Liquidator does not contest the evidence of the Complainant. |
Findings and Conclusions:
I am satisfied on the evidence of the Complainant, which, having been investigated by the Liquidator, is not in dispute, that each and every of the complaints set out below, are well founded. I find as follows: CA-00036093-016 – Redundancy Based on the uncontested evidence of the Complainant, I am satisfied that a redundancy situation existed and that as of the date of the Adjudication hearing that the Complainant had not been paid a redundancy payment. I find that the Complainant is entitled to a redundancy payment based on having had insurable employment (under the Social Welfare Acts) for the duration of his employment and based on the following facts: Commencement date: 3 December 2017 End of Employment: 19 January 2020 Gross weekly pay: €846.15, subject to the statutory cap.
CA-00036093-018 – Annual Leave This complaint is well founded. I award €1692.30
CA-00036093-020 – Minimum Notice This complaint is well founded. I award €1692.30
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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.
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-00036093-016 – Redundancy This complaint is well founded. The Complainant is entitled to a redundancy payment based on having had insurable employment (under the Social Welfare Acts) for the duration of his employment and based on the following facts: Commencement date: 3 December 2017 End of Employment: 19 January 2020 Gross weekly pay: €846.15, subject to the statutory cap.
CA-00036093-018 – Annual Leave This complaint is well founded. I award €1692.30
CA-00036093-020 – Minimum Notice This complaint is well founded. I award €1692.30
All other complaints are withdrawn.
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Dated: 29th November 2023
Workplace Relations Commission Adjudication Officer: Emile Daly
Key Words:
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