ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00028093
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 Section 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00035149-007 | 10/03/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00035149-008 | 10/03/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00035149-010 | 10/03/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00035149-011 | 10/03/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00035149-012 | 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 - 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 Complainant pursued the following complaints: CA-00035149 - 007– Minimum Notice CA-00035149 -008 – Redundancy CA-00035149 -010 – Annual Leave CA-00035149 -011 – Sunday Working Premium CA-00035149 -012 – Payment of Wages
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Summary of Complainant’s Case:
Under affirmation the Complainant gave the following evidence:
She commenced work with the Respondent on 10 December 2017 HEr employment was terminated without notice on 19 January 2020
CA-00035149 - 007– Minimum Notice The Complainant claims that she was entitled to 2 weeks of notice prior to the termination of his employment. She neither received notice nor was she paid in lieu of notice. Her gross weekly wage was €175. She claims the sum of €350
CA-00035149 -008 – Redundancy The Complainant claims that she was entitled to redundancy based on his service and a gross weekly salary of €175
CA-00035149 -010 – Annual Leave The Complainant claims that at the end of his employment she was owed 78.71 hours of unpaid annual leave at a rate of €7 per hour. She claims the sum of €550.97
CA-00035149 -011 – Sunday Working Premium At the end of her employment the Complainant claims she had worked 150 hours on a Sunday for which she was paid €1150.00 based on an hourly rate of €7 per hour. She claims a Sunday premium payment of a 25 % uplift of what she was paid This claim is calculated (based on a premium uplift of a 25%) as being €262.50
CA-00035149 -012 – Payment of Wages The Complainant claims that at the end of her employment she was entitled to 5 unpaid public holidays at a daily rate of €70, which were unlawfully withheld. She claims the sum of €350.00
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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-00035149 - 007– Minimum Notice I am satisfied that the Complainant was entitled to 2 weeks of notice prior to the termination of her employment. She neither received notice nor was he paid in lieu of notice. This complaint is well founded. I award €350
CA-00035149 -008 – 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 her employment and based on the following facts: Commencement date: 10 December 2017 End of Employment: 19 January 2020 Gross weekly pay: €175.00.
CA-00035149 -010 – Annual Leave I am satisfied that the Complainant was owed 78.71 hours of unpaid annual leave at a rate of €7 per hour. This complaint is well founded. I award €550.97
CA-00035149 -011 – Sunday Working Premium I am satisfied that the Complainant is entitled to be paid a premium for working on Sundays on the basis of a 25 % uplift of her wages. This complaint is well founded. I award €262.50
CA-00035149 -012 – Payment of Wages I am satisfied that the Complainant was entitled to 5 unpaid public holidays at a daily rate of €70 which was unlawfully withheld. This complaint is well founded. I award €350.00
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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-00035149 - 007– Minimum Notice This complaint is well founded. I award €350
CA-00035149 -008 – Redundancy 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 her employment and based on the following facts: Commencement date: 10 December 2017 End of Employment: 19 January 2020 Gross weekly pay: €175.00.
CA-00035149 -010 – Annual Leave This complaint is well founded. I award €550.97
CA-00035149 -011 – Sunday Working Premium This complaint is well founded. I award €262.50
CA-00035149-012 – Payment of Wages This complaint is well founded. I award €350.00
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Dated: 29th November 2023
Workplace Relations Commission Adjudication Officer: Emile Daly
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