ADJUDICATION OFFICER Recommendation on dispute under Industrial Relations Act 1969

Investigation Recommendation Reference: IR - SC - 00001747

	Worker	Employer
Anonymised Parties	A Bar Tender	A Public House

Representatives

Self Represented

Diarmuid Sheehan Dennehy O'Gorman sheehan

Dispute(s):

Act	Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under section 13 of the Industrial Relations Act, 1969	IR - SC - 00001747	29/08/2023

Workplace Relations Commission Adjudication Officer: Peter O'Brien

Date of Hearing: 01/11/2023

Procedure:

In accordance with Section 13 of the Industrial Relations Act 1969 (as amended) following the referral of the dispute(s) to me by the Director General, I inquired into the dispute(s) and gave the parties an opportunity to be heard by me and to present to me any information relevant to the dispute(s).

Background:

The Employee lodged a complaint that when his employment was terminated he did not receive any statutory notice pay.

Summary of Workers Case:

The Worker was employed as a Bar Tender from 11/5/1998 to 26/7/2021 and earned 610 Euros per week. The Workers employment was terminated when his employer transferred the lease of the building to another person/entity. He was not paid any notice pay as required under the Minimum Notice and Terms of Employment Act 1973.

Summary of Employer’s Case:

The Accountant for the Respondent attended the Hearing and advised that the company had ceased trading and had no assets to pay any award made to the Worker. The Representative confirmed no notice pay had been paid to the Worker.

Conclusions:

In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties. The Worker made an initial complaint regarding non-payment of his statutory redundancy and this matter was settled at a previous Hearing on August 31st 2023 as the redundancy had been paid by the date of the Hearing by the Social Fund. Two days prior to that Hearing the Worker lodged acomplaint that he also had not received his statutory notice pay due under the Minimum Notice and Terms of Employment Act 193. The parties were informed that the non-payment of notice complaint could not be considered at the previous Hearing as it had been submitted within the timeframe allowed by the WRC to convene a Hearing (21days). The Parties were also informed that the complaint would likely not come within the statutory timeframe, of one year maximum, to make a complaint under the Minimum Notice and Terms of Employment Act 1973 as the Workers employment ceased on the 26/7/2021 and the within complaint was submitted on the 29/8/2023. The Worker subsequently submitted this complaint under the Industrial Relations Act 1969, as is his entitlement. At the Hearing the Worker explained that the reason for the delay in submitting the claim for statutory notice pay was due to the uncertainty about his situation and the Employers ability to pay his entitlements. The Worker stated he had a good relationship with the Public House Owner. I am satisfied that were this complaint submitted within the statutory time frame (one year maximum) of the Worker ceasing his employment he would have been entitled under the Minimum Notice and Terms of Employment Act 1973 to a notice payment of 8 weeks pay amounting to 4,880 Euros. I am also satisfied that genuine and reasonable grounds existed in causing the Worker to delay making his complaint under that Act for his legal entitlement.

Recommendation:

Section 13 of the Industrial Relations Act 1969 requires that I make a recommendation in relation to the dispute.

I recommend in favour of the Worker and award the Worker an amount of 4,880 Euros in lieu of his statutory notice pay which was due under employment legislation.

Dated: 08/November/2023