Complainant

Respondent

Parties

Thomas  Clare

Alex Gibbs t/a Gibbs Carpentry Services

Representatives

 Self-represented

 None in attendance

Act

Complaint Reference No.

Date of Receipt

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

CA-00052815-001

13/09/2022

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

CA-00052815-002

13/09/2022

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

CA-00052815-003

13/09/2022

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

CA-00052815-004

13/09/2022

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

CA-00052815-005

13/09/2022

The complainant referred five complaints under the Payment of Wages Act 1991 and the Minimum Notice and Terms of Employment Act 1973 to the Workplace Relations Commission on 13 September 2022.  The complaints related to unpaid wages from July 2022 and the failure of the respondent to provide notice of termination of the complainant’s employment in July 2022.

The complainant worked as a carpenter with the respondent from May 2021 until July 2022.

He was paid €19.00 per hour and wages were due to be paid fortnightly.  There were issues in relation to the timely payment of wages. 

The complainant worked on 13 July 2022; that evening, the respondent telephoned the complainant to advise he was going bankrupt, and that the complainant’s job was finished.   The complainant was told that there was no money to pay the outstanding wages.

The complainant asked the respondent for a letter confirming the position for social welfare purposes.  The letter the complainant received referred to the respondent going into insolvency and receivership.

The complainant received two payslips from the respondent on 2 August 2022 in respect of two July pay periods.  The complainant did not receive the wages outlined in these payslips.

The complainant referred complaints to the Workplace Relations Commission regarding unpaid wages, notice of termination and payment in lieu of notice.  

On foot of the Commission’s notification of the complaints, the respondent advised that he had been adjudicated bankrupt by the High Court on 17 October 2022 and that an Official Assignee had been appointed.  The respondent submitted that the complaints were a matter for the Official Assignee. 

There was no attendance by or on behalf of the respondent at the hearing on 1 June 2023.

There were written communications from the respondent to the Workplace Relations Commission on file.  The communications advised that the respondent was adjudicated bankrupt on 17 October 2022 and of the respondent’s understanding that Insolvency Service of Ireland was dealing with the matter.

I note that Insolvency Service of Ireland was copied on the respondent’s communication to the Commission dated 5 January 2023.

The Commission notified the respondent and, at the respondent’s request, Insolvency Service of Ireland, of the hearing arrangements for the complaints.

There was no attendance by or on behalf of the respondent at the hearing and there has been no engagement by Insolvency Service of Ireland with the Commission in relation to these complaints.

In the circumstances, this decision is issued against the respondent, as the complainant’s employer at the material time, and the provision of this decision to the Official Assignee or any other relevant body is a matter for the parties.

Based on the uncontested evidence of the complainant, I find that the complaints for unpaid wages and statutory minimum notice of termination are well founded. 

The complainant did not receive wages in respect of 11 days worked in July 2022 nor was he paid for 14.14 holidays accrued at the time his employment terminated.   

The complainant submitted two payslips in respect of pay periods 14 and 15, referable to July 2022, evidencing what he ought to have been paid.  The complainant’s evidence that he received payslips but was not paid the wages detailed therein was uncontested.  

I find that the complainant was not paid wages properly payable to him in July 2022 in the sum of €3,821.28 gross. I am satisfied that the non-payment of same amounts to an unlawful deduction within the meaning of section 5 of the Payment of Wages Act 1991. 

Based on the continuous service of the complainant from May 2021, the complainant was entitled, under section 4 of the Minimum Notice and Terms of Employment Act 1973, to receive minimum notice of termination of one week.  The complainant did not receive such notice, nor did he waive his right to notice or accept payment in lieu of notice.  

CA-00052815-001

For the reasons outlined above, I find that there has been a contravention of section 4 of the Minimum Notice and Terms of Employment Act 1973 as the complainant did not receive the statutory minimum notice to which he was entitled.  I direct the respondent pay to the complainant €760.00, which equates to one week’s gross pay, for loss sustained by reason of the contravention.

CA-00052815-002

I find that section 5 of the Minimum Notice and Terms of Employment Act 1973 has not been contravened as there was no notice period, and no notice of termination was given to the complainant. 

CA-00052815-003

This is a complaint of a contravention of section 6 of the Minimum Notice and Terms of Employment Act 1973 which I find is misconceived in circumstances where the respondent terminated the complainant’s employment. 

Accordingly, I make no decision in relation to a dispute under section 6 and do not consider it appropriate to make any directions.

CA-00052815-004

For the reasons set out above, I find in accordance with section 6 of the Payment of Wages Act 1991 that the complaint of a contravention of section 5 is well founded and I direct the respondent to pay to the complainant compensation of €3,821.28.

CA-00052815-005

This complaint under the Payment of Wages Act 1991 relates to the non-payment of the complainant’s statutory entitlement to notice under the Minimum Notice and Terms of Employment Act 1973, which has been decided in CA-00052815-003.

Accordingly, I find that this complaint of a contravention of section 5 of the 1991 Act is not well founded.

Wages – Minimum notice - Bankruptcy