ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00044284
Parties:
| Complainant | Respondent |
Parties | Jolien Swerts | English By Design Ltd |
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-00054979-001 | 10/02/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00054979-002 | 10/02/2023 |
Date of Adjudication Hearing: 28/08/2023
Workplace Relations Commission Adjudication Officer: Niamh O'Carroll
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015, Section 39 of the Redundancy Payments Acts 1967 - 2014 following the referral of the complain to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
Background:
The complainant’s claim is for monies due to her following her role being made redundant.
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Summary of Complainant’s Case:
The Complainant withdrew her claim CA-00054979-001 for a redundancy payment having received her redundancy payment earlier this year. CA 000 54979-002 The Complainant was informed in January 2023 that her role was being made redundant and the company was going into liquidation. Her final pay -check was short the sum of € 171.47 net. In addition to that she was owed €15.00 for her attendance at a CPD lecture. She made enquires to the company but was informed that the company was going into liquidation and there were no funds to pay her. |
Summary of Respondent’s Case:
The Respondent Liquidator is not contesting the claim. |
Findings and Conclusions:
CA 000 54979-002 Based on the Complainant’s uncontested evidence I accept that the Respondent company, now in liquidation, unlawfully deducted the sum of € 186.47 from the Complainant’s wages. She is due the sum of € 171.47 together with €15.00 for her attendance at a CPD lecture. The complaint is well founded. I award the Complainant € 186.47. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
CA-00054979-002 The Complaint is well founded. I award the complainant the sum of € 186.47. |
Dated: 10th November 2023
Workplace Relations Commission Adjudication Officer: Niamh O'Carroll
Key Words:
Payment of wages. Redundancy. Liquidation. |