ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00043200

Parties:

	Complainant	Respondent
Parties	Wan Zamani Bin Wan Abd Man	Moport Ltd Koh Restaurant & Cocktail Lounge

Representatives

Anne Doyle Dublin South Citizens Information Service

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-00053627-001	09/11/2022
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00053627-002	09/11/2022
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00053627-003	09/11/2022
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00053627-004	09/11/2022
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00053627-005	09/11/2022

Date of Adjudication Hearing: 26/06/2023

Workplace Relations Commission Adjudication Officer: Michael Ramsey

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 39 of the Redundancy Payments Acts 1967 - 2014 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 Complainant is seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 and has submitted that he was did not receive any redundancy payment (CA-00053627-001)

The Complainant is seeking adjudication by the Workplace Relations Commission under Section 6 of the Payment of Wages Act, 1991 and has submitted that he did not receive the appropriate payment in lieu of notice of termination of employment (CA-0053627-002)

The Complainant is seeking adjudication by the Workplace Relations Commission under Section 27of the Organisation of Working Time Act, 1997 and has submitted that he did not receive any compensation for working on Sunday (CA-00053627-003)

The Complainant is seeking adjudication by the Workplace Relations Commission under Section 27of the Organisation of Working Time Act, 1997 and has submitted that he did not receive any holiday/ annual leave entitlements (CA-00053627-005)

Summary of Complainant’s Case:

The Complainant was employed by the Respondent from the 24th April 2017 until the 14th June 2022 and at the time of the termination of employment he was employed as a chef and was paid €1,547.28 gross fortnightly.

The complainant stated that the respondent closed the restaurant on 14th June 2022 and provided a letter to the complainant which outlined that the business would not be in a position to pay the employees their redundancy entitlements. The complainant stated that he submitted an RP77 to the employer on the 28th October 2022 and has not received a response to date.

The Complainant stated the Respondent failed to provide a statutory notice of termination of his employment or payment in lieu. The Complainant was employed for more than 5 years and was entitled to four weeks notice.

The Complainant stated that throughout most of his employment he worked most Sundays however he did not receive any compensation for working those days.

The Complainant stated the Respondent failed to pay him for public holidays in May and June 2022.

The Complainant stated the Respondent failed to pay his annual leave entitlements. The Complainant was entitled to 20 days annual leave. Upon termination of his contract he was entitled to 8.8 days from the 1st of January 2022. The Complainant stated he took 5.33 days up to the date of termination and is therefore entitled to payment for 3.66 days annual leave.

These Complaints were received by the Workplace Relations Commission on the 9th November 2022.

Summary of Respondent’s Case:

The Respondent did not attend the adjudication hearing and was not represented.

Findings and Conclusions:

The complainant is claiming his redundancy entitlements in circumstances where the restaurant he worked in closed with effect from 14 June 2022. The respondent was notified to its registered address in relation to the date, time and venue of the adjudication hearing but did not attend.

The registered letter was returned marked “Gone away”. The Companies Registration Office (CRO) search facility states that the status of the entity that employed the complainant as “normal.”

CA-00053627-001

From the oral and written submissions of the complainant, I am satisfied that his employment ended on the 14th June 2022 by reason of redundancy. This Complaint is well founded and the Complainant is entitled to a redundancy payment as follows:

Date of commencement of employment: 24th March 2017

Date of cessation of employment: 14th June 2022

Gross weekly rate of pay: €773.64

CA-00053627-002

I am satisfied that the Complainant is entitled to €3,094.50 representing four weeks notice.

CA-00053627-003

I am satisfied that the Complainant is entitled to payment for the Sundays he worked. This Complaint was received by the WRC on the 9th November 2022. Therefore, I am bound by Section 6(4) of the Payment of Wages Act, 1991 to only consider the six-month period prior to the 9th November 2022. I find that the Complainant is entitled to the payment of €500.00 for the six-month period prior to the 9th November 2022.

CA-00053627-004

I am satisfied that the Complainant is entitled to €309.45 representing the payment for two public holidays.

CA-00053627-005

I am satisfied that the Complainant is entitled to €565.50 representing 3.66 days of unpaid annual leave.

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 – 2014 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.

I find that the Complaint (CA-0005367-001) made pursuant to Section 39 of the Redundancy Payments Act, 1967 is well founded and the Complainant is entitled to a redundancy payment based on the Complainant having been in insurable employment within the meaning of the social welfare acts

I find that the Complaint (CA-0005367-002) made pursuant to Section 6 of the Payment of Wages Act, 1991 is well founded and award the Complainant the sum of €3,094.50.

I find that the Complaint (CA-0005367-003) made pursuant to Section 27 of the Organisation of Working Time Act, 1997 is well founded and award the Complainant the sum of €500.00.

I find that the Complaint (CA-0005367-004) made pursuant to Section 27 of the Organisation of Working Time Act, 1997 is well founded and award the Complainant the sum of €309.45.

I find that the Complaint (CA-0005367-003) made pursuant to Section 27 of the Organisation of Working Time Act, 1997 is well founded and award the Complainant the sum of €565.50.

Dated: 27th November 2023

Workplace Relations Commission Adjudication Officer: Michael Ramsey

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