ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00028074
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 (Liquidator) |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Redundancy Payment Act, 1967 | CA-00034895-016 | 02/03/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00034895-017 | 10/03/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00034895-018 | 10/03/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00034895-019 | 10/03/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00034895-020 | 10/03/2020 |
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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 - 2014following 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-00034895 – 016 – Redundancy CA-00034895 – 017 - Annual Leave under (OWTA) CA-00034895 – 018 –Sunday Work Premium (OWTA) CA-00034895 – 019 – Public Holidays (OWTA) CA-00034895 – 020 – Minimum Notice
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Summary of Complainant’s Case:
Under affirmation the Complainant gave the following evidence: His employment with the Respondent commenced on 8 December 2017. His employment ended without notice on 19 January 2020.
CA-00034895 – 016 Redundancy The Complainant claims statutory redundancy based on his service and a gross weekly wage of €796.20. CA-00034895 – 017 - Annual Leave under (OWTA) At the end of his employment the Complainant claims he was entitled to annual leave of 74.83 hours at an hourly rate of €16.50 per hour, which totals €1234.69. CA-00034895 – 018 –Sunday Work Premium (OWTA) At the end of his employment the Complainant claims he had worked 312 Sunday work hours and was paid €5148.00 based on an hourly rate of €16.50 per hour. He claims a Sunday premium payment of a 25 % uplift of what he was paid for his working hours on Sundays. This claim is calculated (based on a premium uplift of a 25%) as being €1287.00
CA-00034895 – 019 – Public Holidays (OWTA) At the end of his employment the Complainant was entitled to be paid for 5 public holidays at a daily rate of €198.00, which totals €990.00
CA-00034895 – 020 – Minimum Notice The Complainant was entitled to 2 weeks minimum notice. He neither received notice nor a payment in lieu. His claim is for €1593.00 |
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-00034895 – 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: 8 December 2017 End of Employment: 19 January 2020 Gross weekly pay: € 796.90
CA-00034895 – 017 - Annual Leave under (OWTA) I am satisfied that the Complainant is entitled to a payment for unpaid annual leave, based on 74.83 hours at an hourly rate of €16.50 per hour. I award him €1234.69.
CA-00034895 – 018 –Sunday Work Premium (OWTA) I am satisfied that the Complainant is entitled to a Sunday payment premium payment calculated on a 25 % uplift of the payment (of €5148.00) that he received for working 312 hours on Sundays. I award him compensation in the sum of €1287.00
CA-00034895 – 019 – Public Holidays (OWTA) I am satisfied that the Complainant is entitled to be paid for 5 public holidays at a daily rate of €198.00. I award him €990.00
CA-00034895 – 020 – Minimum Notice I am satisfied that the Complainant is entitled to 2 weeks minimum notice. I award him €1593.00
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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.
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-00034895 – 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: 8 December 2017 End of Employment: 19 January 2020 Gross weekly pay: € 796.90
CA-00034895 – 017 - Annual Leave under (OWTA) This complaint is well founded. I award the Complainant €1234.69.
CA-00034895 – 018 –Sunday Work Premium (OWTA) This complaint it well founded. I award the Complainant €1287.00
CA-00034895 – 019 – Public Holidays (OWTA) This complaint it well founded. I award the Complainant €990.00
CA-00034895 – 020 – Minimum Notice This complaint it well founded. I award the Complainant €1593.00
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Dated: 29th November 2023
Workplace Relations Commission Adjudication Officer: Emile Daly
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