Adjudication Reference: ADJ-00043825
Parties:
| Complainant | Respondent |
Parties | Hekrem Hoxha | Mounthawk Inns Limited |
| Complainant | Respondent |
Anonymised Parties | {text} | {text} |
Representatives | Karen Tess Mannix & Co. LLP |
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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-00054182-001 | 16/12/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00054182-002 | 16/12/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00054182-004 | 16/12/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00054182-005 | 16/12/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00054182-006 | 16/12/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00054182-007 | 16/12/2022 |
Date of Adjudication Hearing: 17/07/2023
Workplace Relations Commission Adjudication Officer: Niamh O'Carroll
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 39 of the Redundancy Payments Acts 1967 - 2014following 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.
Background:
The Complainant alleges that on the cessation of his employment he was not paid his Redundancy, Minimum Notice or his last weeks wages. He was also owed money for his Sunday Supplement and annual leave.
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Summary of Complainant’s Case:
CA-00054182-001 Redundancy:- The Complainant started working for the Respondent the 1st April 2015. His employment ceased on the 09th October 2022. He did not receive any money for his Redundancy when the business closed. The business is no longer in operation. He is entitled to his redundancy as he has over 104 weeks service. CA-00054182-002 – Sunday entitlements The Complainant worked every Saturday and Sunday. He never received any compensation for working on Sundays. On average he worked 4 – 12 hours on Sundays. Pursuant to Section 14 of the Organisation of Working Time Act he was entitled to compensation, but he never received any of it. At time and a quarter, he should have received €2.80 per hour. For the day it amounted to €22.50. Over the duration of his employment with the Respondent that amounts to €8,820.00.The Complainant filed the complaint with the WRC on the 16th December 2022. CA- 00054182 - 004 – Wages When the Complainant’s employment ended there was one weeks’ wages outstanding. He was never paid it. He is entitled to €350.00
CA – 00054182 -005- Annual Leave The Complainant was entitled to one months’ (four weeks) holidays every year. He took the one month all together. He would go home to Kosovo for the month. That was always paid his holiday money when he returned, except for the final year 2022. The Respondent paid only two weeks when he returned in 2022. He is owed €700. S 19/20 OWT CA 00054182 -006 OWT Bank holidays The Complainant worked all of the bank holidays each year. He worked 56 bank holidays in 2021 and in 2022 6 bank holidays. At time and one quarter that amounts € 1,395.00. CA -00054182 - 007 Notice The Complainant was not paid any notice when his employment came to an end. He found out his employment had ended when he was called by one of his chefs. He told him not to come in on the Sunday as the business was closing down. He was entitled to four weeks’ notice
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Summary of Respondent’s Case:
There was no appearance for or on behalf of the Respondent. |
Findings and Conclusions:
CA-00054182-001 Redundancy:- The Complainant started working for the Respondent the 1st April 2015. His employment ceased on the 09th October 2022. He did not receive any money for his Redundancy when the business closed. The business is no longer in operation. He is entitled to his redundancy as he has over 104 weeks service. The Complainant was paid €360.00 gross per week. The Complainant is entitled to a redundancy payment based on the following: Commencement date: 01.05.2015 Termination date : 09.10.2022 Gross weekly wage: €360.00 CA-00054182-002 – Sunday entitlements The Complainant worked every Saturday and Sunday. He never received any compensation for working on Sundays. On average he worked 4 – 12 hours on Sundays. Section 14 of the Organisation of Working Time Act, 1997 states: (1) An employee who is required to work on a Sunday ( and the fact of his or her having to work on that day has not been taken account of in the determination of his or her pay) shall be compensated by the employer for being required so to work by the following means: namely:- (a) By payment to the employee of an allowance of such an amount as is reasonable having regard to all the circumstances, or (b) By otherwise increasing the employee’s rate of pay by such an amount as is reasonable having regard to al the circumstances, or (c) By granting the employee such paid time off from work as is reasonable having regard to all of the circumstances, or (d) By a combination of two or more of the means referred to in the preceding paragraph The Complainant argues that he was entitled to compensation at time and a quarter, he should have received €2.80 per hour for the day it amounted to €22.50. Over the duration of his employment with the Respondent that amounts to €8,820.00. However, the complaint was filed with the WRC on the 16.12.2022. Pursuant to S41(6) of the Workplace Relations Act the complainant has to file his complaint withing six months from the date of the contravention. The cognisable period is 16.06.2022 to the 16. 12 2022 as no application was made pursuant to S41(8). There are 25 Sundays in the period. At time and a quarter, he should have received an additional €22.50 per day. In all of the circumstances and pursuant to Section 14 (3) a reasonable sum to award the Complainant is €562.50. CA- 00054182 - 004 – Wages When the Complainant’s employment ended there was one weeks’ wages outstanding. He was never paid it. The Complainant states that he is entitled to €357.18 net. In circumstances where the Complainant had worked the hours required of him and did not consent to the deduction and same was not authorised by statute, I find that the Complainant is entitled to his one weeks wages in the amount of €357.18. CA – 00054182 -005- Annual Leave The Complainant was entitled to one months’ (four weeks) holidays annually. He took the one month all together. He would go home to Kosovo for the month. That was always paid his holiday money when he returned, except for the final year 2022. The Respondent paid only two weeks when he returned in 2022. He is owed €720.00. I also not that the Complainant was not paid his holiday pay any year until he returned from his leave. Pursuant to Section 27 (3)( c) of the Organisation of Working Time Act, 1997 I find that the Complainant is entitled to compensation in the amount of €1,000.00 CA 00054182 -006Bank holidays The Complainant worked all of the bank holidays each year. He worked 56 bank holidays up to 2021 and in 6 in 2022. However, Pursuant to S41 (6) of the Act, the Complainant has to file his complaint withing six months from the date of the contravention. No application was made pursuant to S41(8). Therefore, the cognisable period is 16.06.2022 to the 16. 12 2022. There were two bank holidays in that period, 1st August and 31st October 2022. I find that the complaint is well founded and accordingly I award the complainant € 45.00 CA -00054182 - 007 Notice The Complainant was not paid any notice when his employment came to an end. He found out his employment had ended when he was called by one of his chefs. He told him not to come in on the Sunday as the business was closing down. He commenced employment on the 1st April 2015 and his employment ended on the 9th October 2022. Pursuant to Section 4 (2) (c) of the Minimum Notice and Terms of Employment Act 1973 the Complainant was entitled to four weeks’ notice. The compliant is well founded. I award the complainant €1, 440.00
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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.
CA 0054182 – 001 The complaint is well founded. I award the complainant his redundancy entitlement. CA 0054182 – 002 The complaint is well founded. I award the complainant € 562.50 CA 0054182 – 004 The complaint is well founded. I award the complainant € 357.18 CA 0054182 – 005 The complaint is well founded. I award the complainant € 1,000.00 CA 0054182 – 006 The complaint is well founded. I award the complainant € 45.00 CA 0054182 -007 The complaint is well founded. I award the complainant € 1,440.00 |
Dated: 15/09/2023
Workplace Relations Commission Adjudication Officer: Niamh O'Carroll
Key Words:
Redundancy. Sunday Supplement, Minimum notice, Payment of wages, statute of limitations. |