ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00028155
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 39 of the Redundancy Payments Act, 1967 | CA-00034957-010 | 10/03/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00034957-011 | 10/03/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00034957-012 | 10/03/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00034957-013 | 10/03/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00034957-014 | 10/03/2020 |
Date of Adjudication Hearing: 27/6/2022 19/12/2022 and 14/11/2023
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-00034957-010 – Redundancy CA-00034957-011 – Annual Leave CA-00034957-012 – Public Holidays CA-00034957-013 – Minimum Notice
All other complaints are withdrawn
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Summary of Complainant’s Case:
Under affirmation the Complainant gave the following evidence:
Her employment with the Respondent commenced on 10 December 2017 Her employment ended without notice on 19 January 2020.
CA-00034957-010 – Redundancy The Complainant claims that she was made redundant and is entitled to a redundancy payment based on a gross weekly wage of €174.75
CA-00034957-011 – Annual Leave At the end of her employment the Complainant claims she was entitled to annual leave of 96.9 hours at an hourly rate of €9.80 per hour, which she did not receive and was not paid in lieu. She claims the sum of €949.62 CA-00034957-012 – Public Holidays At the end of her employment the Complainant claims she was entitled but was not paid for 5 public holidays at a daily rate of €88.00. She claims the amount of €441.00
CA-00034957-013– Minimum Notice The Complainant claims she was entitled to 2 weeks of minimum notice. She claims that she neither received notice nor a payment in lieu. She claims the amount of €349.57 |
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, and I find that each and every complaint as set out below, to be well founded. CA-00034957-010 – Redundancy I am satisfied that the Complainant was made redundant when the Respondent business ceased trading. I am satisfied that a redundancy situation existed and that as of the date of the Adjudication hearing that she 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: €174.75 CA-00034957-011 – Annual Leave This complaint is well founded. I award €949.62 CA-00034957-012 – Public Holidays This complaint is well founded. I award €441.00
CA-00034957-013– Minimum Notice I am satisfied that the Complainant is entitled to 2 weeks minimum notice. I award €349.57 |
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-00034957-010 – Redundancy I am satisfied that 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: €174.75
CA-00034957-011 – Annual Leave This complaint is well founded. I award €949.62 CA-00034957-012 – Public Holidays This complaint is well founded. I award €441.00
CA-00034957-013– Minimum Notice I am satisfied that the Complainant is entitled to 2 weeks minimum notice. I award €349.57 All other complaints are withdrawn |
Dated: 29th November 2023
Workplace Relations Commission Adjudication Officer: Emile Daly
Key Words:
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