ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00028035
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-00034896-001 | 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-00034896-004 | 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-00035162-001 | 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-00035162-004 | 10/03/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00034887-015 | 10/03/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00034887-016 | 10/03/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00034887-017 | 10/03/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00034887-018 | 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 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 complaints being pursued by the Complainant are: CA-00034887 – 015 – Annual Leave under OWTA CA-00034887 – 016 – Public Holidays under OWTA CA-00034887 – 017 – Compensation for Sunday Work CA-00034887 – 018 – Minimum Notice
All other complaints are withdrawn.
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Summary of Complainant’s Case:
The Complainant gave evidence under affirmation as follows:
The Complainant commenced work for the Respondent on 7 March 2018. Her employment was terminated without notice on 19 January 2020.
CA-00034887 – 015 – Annual Leave under OWTA At the end of her employment on 19.1.2020 the Complainant claims that she had 111.89 hours of unpaid annual leave which accrued in the period of six months prior to the issue of her complaint. This amounts to a loss of €1389.62
CA-00034887 – 016 – Public Holidays under OWTA. At the end of her employment on 19.1.2020 the Complainant claims she had 5 unpaid public holidays which accrued during the period of six months prior to the issue of his WRC complaint. This amounted to a loss of €750, based on a daily rate of €150.00.
CA-00034887 – 017 – Premium for Sunday Work: In the six months prior to the issue of his WRC complaint the Complainant worked 312 hours on Sundays for which she was not paid a premium or paid time off in lieu. The Complainant seeks reasonable compensation of a 25 % premium on the Sunday hours that she worked (312 hours for which she was paid €3900) which amounts to € 975.00
CA-00034887 – 018 – Minimum Notice The Complainant was entitled to one week of minimum notice, for which she was not given or paid in lieu. The Complainant’s gross weekly wage was €694.81.
The Complainant confirmed that all other complaints are withdrawn |
Summary of Respondent’s Case:
The Respondent is in liquidation and the Liquidator accepts that the above losses occurred. |
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 of the complaints set out below are well founded. CA-00034887 – 015 – Annual Leave under OWTA CA-00034887 – 016 – Public Holidays under OWTA CA-00034887 – 017 – Compensation for Sunday Work CA-00034887 – 018 – Minimum Notice
I award redress as follows: CA-00034887 – 015 – Annual Leave under OWTA: Compensation for 111.89 annual leave hours which equates to payment of €1389.62
CA-00034887 – 016 – Public Holidays under OWTA: Compensation for 5 public holidays, based on a daily wage of €150.00, totaling an amount of €750.00
CA-00034887 – 017 – Compensation for Sunday Work of 312 Sunday working hours based on an hourly rate of €12.50 per hour for which she was paid €3900, a 25% premium totaling an amount of € 975.00
CA-00034887 – 018 – Minimum Notice: Compensation which equates to one week of gross pay; totaling an amount of €694.81
CA-00034896-001; CA-00034896-004; CA-00035162-001; CA-00035162-004 are withdrawn |
Decision:
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-00034887 – 015 – This complaint is well founded. I award the Complainant €1389.62
CA-00034887 – 016 – This complaint is well founded. I award the Complainant €750.00
CA-00034887 – 017 – This complaint is well founded. I award the Complainant € 975.00
CA-00034887 – 018 – This complaint is well founded. I award the Complainant €694.81
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Dated: 29th November 2023
Workplace Relations Commission Adjudication Officer: Emile Daly
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