CORRECTION ORDER
ISSUED PURSUANT SECTION 41 OF THE WORKPLACE RELATIONS ACT 2015
This Order corrects the original Decision ADJ 44196 issued on 12/10/2023 to amend the correct legal name of the respondent, and should be read in conjunction with that Decision.
ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00044196
Parties:
| Complainant | Respondent |
Parties | Brian Whelan | Brian Keenan Decorators Limited |
Complaints:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00055145-001 | 17/02/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00055145-002 | 17/02/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00055145-003 | 17/02/2023 |
Date of Adjudication Hearing: 06/09/2023
Workplace Relations Commission Adjudication Officer: Pat Brady
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and/or 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.
Summary of Complainant’s Case:
The complainant commenced his employment with the employer on April 3rd, 2017, and the employment terminated on November 4th, 2022.
There were three complaints one under the Payment of Wages Act, a second under the Redundancy Payments Act and one under the Minimum Notice and Terms of Employment act.
The second of these was withdrawn as redundancy payments have been made to him.
The complainant gave evidence on oath.
He said that he had been laid off on November 4th, 2022. The respondent called to his home and told him that there was no work for the time being as he had not been paid for a previous contract.
The complainant said that he contacted the respondent every couple of days to check whether he was going to be re-engaged but was told that there was no change.
He also sought payment of wages and payments he was owed for overtime work. The respondent had promised payment of the outstanding wages but did not do so.
At one stage he put it to the employer that he should either re-employ him or make him redundant, and in due course in January he served the respondent with form RP 77.
The respondent told him to take it to the Department of Social Protection which in turn told him to go back to his employer with it.
He says that he was not paid for two weeks commencing October 10th and 20th 2022 in the amount of €759 per each week.
He is also entitled to annual leave as his evidence was that he only took one week in the leave year. Finally, he claims a payment for four weeks’ notice in respect of his service since 2017. |
Summary of Respondent’s Case:
The respondent did not attend the hearing or offer any explanation for the failure to do so. |
Findings and Conclusions:
The complainant gave credible evidence on oath.
In respect of complaint CA-00055145-001 I find on the basis of his sworn evidence that he is owed two weeks wages and I award him €1518.
He is also entitled to payment of one weeks’ wages in respect of annual leave not taken in the annual leave year; €759.00.
Complaint CA-00055145-002 under the Redundancy Payments Act was withdrawn.
Finally, in respect of complaint CA-00055145-003 I find that he is entitled to four weeks’ notice payment in respect of his five years’ service in the amount €3036.00.
The period in respect of which he was claiming for unpaid overtime fell well outside the cognisable period and is not within jurisdiction. |
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 – 2012 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.
In respect of complaint CA-00055145-001 the complaint is well-founded, and I award him €1518.
He is also entitled to payment of one weeks’ wages in respect of annual leave not taken in the annual leave year; €759.00.
Complaint CA-00055145-002 under the Redundancy Payments Act was withdrawn.
Complaint CA-00055145-003 is also well-founded and I award him a payment in respect of four weeks’ notice arising from his five years’ service in the amount €3036.00. |
Dated: 12th October 2023.
Workplace Relations Commission Adjudication Officer: Pat Brady
Key Words:
Payment of wages, Notice payments. |
ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00044196
Parties:
| Complainant | Respondent |
Parties | Brian Whelan | Brian Keenan Decor |
Complaints:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00055145-001 | 17/02/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00055145-002 | 17/02/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00055145-003 | 17/02/2023 |
Date of Adjudication Hearing: 06/09/2023
Workplace Relations Commission Adjudication Officer: Pat Brady
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and/or 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.
Summary of Complainant’s Case:
The complainant commenced his employment with the employer on April 3rd, 2017, and the employment terminated on November 4th, 2022.
There were three complaints one under the Payment of Wages Act, a second under the Redundancy Payments Act and one under the Minimum Notice and Terms of Employment act.
The second of these was withdrawn as redundancy payments have been made to him.
The complainant gave evidence on oath.
He said that he had been laid off on November 4th, 2022. The respondent called to his home and told him that there was no work for the time being as he had not been paid for a previous contract.
The complainant said that he contacted the respondent every couple of days to check whether he was going to be re-engaged but was told that there was no change.
He also sought payment of wages and payments he was owed for overtime work. The respondent had promised payment of the outstanding wages but did not do so.
At one stage he put it to the employer that he should either re-employ him or make him redundant, and in due course in January he served the respondent with form RP 77.
The respondent told him to take it to the Department of Social Protection which in turn told him to go back to his employer with it.
He says that he was not paid for two weeks commencing October 10th and 20th 2022 in the amount of €759 per each week.
He is also entitled to annual leave as his evidence was that he only took one week in the leave year. Finally, he claims a payment for four weeks’ notice in respect of his service since 2017. |
Summary of Respondent’s Case:
The respondent did not attend the hearing or offer any explanation for the failure to do so. |
Findings and Conclusions:
The complainant gave credible evidence on oath.
In respect of complaint CA-00055145-001 I find on the basis of his sworn evidence that he is owed two weeks wages and I award him €1518.
He is also entitled to payment of one weeks’ wages in respect of annual leave not taken in the annual leave year; €759.00.
Complaint CA-00055145-002 under the Redundancy Payments Act was withdrawn.
Finally, in respect of complaint CA-00055145-003 I find that he is entitled to four weeks’ notice payment in respect of his five years’ service in the amount €3036.00.
The period in respect of which he was claiming for unpaid overtime fell well outside the cognisable period and is not within jurisdiction. |
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 – 2012 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.
In respect of complaint CA-00055145-001 the complaint is well-founded, and I award him €1518.
He is also entitled to payment of one weeks’ wages in respect of annual leave not taken in the annual leave year; €759.00.
Complaint CA-00055145-002 under the Redundancy Payments Act was withdrawn.
Complaint CA-00055145-003 is also well-founded and I award him a payment in respect of four weeks’ notice arising from his five years’ service in the amount €3036.00. |
Dated: 12th October 2023.
Workplace Relations Commission Adjudication Officer: Pat Brady
Key Words:
Payment of wages, Notice payments. |