ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00028259

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-00035160-006	10/03/2020
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994	CA-00035160-007	10/03/2020
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00035160-008	10/03/2020
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967	CA-00035160-009	02/03/2020
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00035160-011	02/03/2020
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00035160-012	02/03/2020
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994	CA-00035160-013	02/03/2020
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00035160-014	02/03/2020

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-00035160-006 – Minimum Notice

CA-00035160-007 – Terms of Employment

CA-00035160-008 – Annual Leave

CA-00035160-009 – Redundancy

CA-00035160-011 – Public Holiday

CA-00035160-014 – Sunday Working Premium

The Complainant withdrew complaints:

CA-00035160-012 – Payment of Wages

CA-00035160-013 – Terms of Employment (duplicate to CA-00035160-007)

Summary of Complainant’s Case:

Under affirmation the Complainant gave the following evidence:

He commenced work with the Respondent on 10 December 2017

His employment was terminated without notice on 19 January 2020

CA-00035160-006 – 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 €189.00. He claims the sum of €378.00

CA-00035160-007 – Terms of Employment

The Complainant claims that he received no contract or terms and conditions of his employment in writing within two months of the commencement of his employment. He seeks 4 weeks compensation.

CA-00035160-008 – Annual Leave

The Complainant claims that at the end of his employment he was owed 42.83 hours of unpaid annual leave at a rate of €9 per hour. He claims the sum of €385.47

CA-00035160-009 – Redundancy

The Complainant claims that he was entitled to redundancy based on his service and a gross weekly salary of €189.00.

CA-00035160-011 – Public Holidays

The Complainant claims that at the end of his employment he was entitled to 5 unpaid public holidays at a daily rate of €108.00. he claims the sum of €540.00

CA-00035160-014 – Sunday Working Premium

At the end of his employment the Complainant claims he had worked 40 hours on a Sunday and was paid €360.00 based on an hourly rate of €9 per hour. He claims a Sunday premium payment of a 25 % uplift of what he was paid for his working on Sundays. This claim is calculated (based on a premium uplift of a 25%) as being €90.00

The Complainant confirmed that the following complaints were withdrawn:

CA-00035160-012 – Payment of Wages

CA-00035160-013 – Terms of Employment (duplicate to CA-00035160-007)

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-00035160-006 – Minimum Notice

This complaint is well founded. I am satisfied that the Complainant was entitled to 2 weeks of notice prior to the termination of his employment. I am satisfied that he neither received this notice nor was he paid in lieu of notice. I am satisfied that his gross weekly wage was €189.00 and that he is entitled to the sum of €378.

CA-00035160-007 – Terms of Employment

Applying the WRC Adjudication decision of Denise Ryan Smart School Accounting Ltd t/a Smart School Accounting (Adj 30153) which held that where an employee has not received a written contract in respect of a job that she has been appointed to, that the contravention of section 3 of the Terms of Employment (Information ) Act 1994 remains a subsisting and continuing event from two months after the commencement of the employment for as long as the employment relationship lasts I accept that even though the breach occurred in November 2018 the complaint is within time. I accept that the Complainant did not receive a written contract within two months of the commencement of her employment (which was the law then) This complaint is well founded.

CA-00035160-008 – Annual Leave

This complaint is well founded. I find that the Complainant was not paid his annual leave entitlement and that at the end of his employment he was owed 42.83 hours of unpaid annual leave at a rate of €9 per hour. The complainant is entitled to the sum of €385.47

CA-00035160-009 – 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: 10 December 2017

End of Employment: 19 January 2020

Gross weekly pay: €189.00.

CA-00035160-011 – Public Holidays

This complaint is well founded. I am satisfied that at the end of his employment the Complainant was entitled to 5 public holidays at a daily rate of €108.00. The Complainant is entitled to the sum of €540.00

CA-00035160-014 – Sunday Working Premium

This complaint is well founded. I am satisfied that at the end of his employment the Complainant had worked 40 hours on Sundays and was paid €360.00 based on an hourly rate of €9 per hour. I am satisfied that he is entitled to a Sunday premium payment of a 25 % uplift on top of what he was paid. The Complainant is entitled to a sum of €90.00

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-00035160-006 – Minimum Notice.

This complaint is well founded. I award the Complainant €385.47

CA-00035160-007 – Terms of Employment.

This complaint is well founded. I award the Complainant €378

CA-00035160-008 – Annual Leave.

This complaint is well founded. I award the Complainant €385.47

CA-00035160-009 – Redundancy.

This complaint is well founded 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: 10 December 2017

End of Employment: 19 January 2020

Gross weekly pay: €189.00.

CA-00035160-011 – Public Holiday.

This complaint is well founded. I award the Complainant €540.00

CA-00035160-014 – Sunday Working Premium This complaint is well founded.

I award the Complainant €90.00

Dated: 29th November 2023

Workplace Relations Commission Adjudication Officer: Emile Daly

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