Complainant

Respondent

Parties

Sean  Kelly

Lean Electrical and Engineering Limited

Complainant

Respondent

Anonymised Parties

Representatives

  In person

 Did not attend

Act

Complaint/Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991

CA-00057237-001

16/06/2023

Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997

CA-00057237-002

16/06/2023

Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973

CA-00057237-003

16/06/2023

Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973

CA-00057237-004

16/06/2023

The Complainant was employed by the Respondent from 20th June 2022 until 20th April 2023. The Complainant was employed as a general operative.

This complaint was received by the Workplace Relations Commission on 16th June 2023.

The Complainant commenced employment with the Respondent company on 20th June 2020 and was initially employed on a site in Dublin City Centre where he remained working for a couple of months.

The Complainant having worked on the above referenced site for a few months was then moved from site to site.

On 20th April 2023, whilst working on a site in County Kildare, the Complainant was approached by Mr Garrett Foley, Operations Director who informed the Complainant that he had some bad news for him and proceeded to inform the Complainant that he was being let go and that today (20th April 2023) would be his last day.

The Complainant made several attempts by emails to his former employer in relation to payment in lieu of notice and also his outstanding holiday pay. The Complainant received no reply to his emails.

The Respondent did not attend the scheduled hearing of the complaint. I am satisfied that correspondence in relation to all arrangements for the hearing of the complaint were sent to the Respondent in a timely manner.

Four complaints were received by the Workplace Relations Commission on 16th June 2023, these were as follows:

1.       CA – 00057237 – 001 – A complaint submitted under section 6 of the Payment of Wages Act 1991.

2.       CA – 00057237 – 002 – A complaint submitted under section 27 of the Organisation of Working Time Act 1997.

3.       CA – 00057237 – 003 - A complaint submitted underSection 12 of the Minimum Notice & Terms of Employment Act, 1973

4.       CA – 00057237 – 004 – A complaint submitted under section 12 of theMinimum Notice & Terms of Employment Act, 1973.

At the hearing of the complaint on 18th October 2023 I asked the Complainant to explain the complaint to me. I was informed by the Complainant that he should have been issued with notice regarding the termination of his employment and secondly that at the time of the termination of his employment he was due 2.5 days of accrued annual leave. The Complainant is now looking to be paid for these 2.5 days.

The complaints numbered CA – 00057237 – 001 and CA – 00057237 – 004 were withdrawn at the hearing.

CA – 00057237 – 002 – A complaint submitted under section 27 of the Organisation of Working Time Act 1997.

I now order the Respondent to pay the Complainant the sum of €448.50 representing payment for 2.5 days untaken annual leave at the time of termination of employment.

CA – 00057237 – 003 - A complaint submitted underSection 12 of the Minimum Notice & Terms of Employment Act, 1973.

The Complainant was entitled to one weeks’ notice regarding the termination of his employment. I now order the Respondent to pay the Complainant € 897.00 representing one weeks’ pay in lieu of said notice.

Monies awarded to the Complainant should be paid within 42 days from the date of this decision.

As outlined above.