ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00045557
Parties:
| Complainant | Respondent |
Parties | Fiona Bennett (Nee Mcgrath) | Boody's Chipper |
Representatives |
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Complaint(s):
Act | Complaint/Dispute 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-00055940-001 | 04/04/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00055940-002 | 04/04/2023 |
Date of Adjudication Hearing: 25/09/2023
Workplace Relations Commission Adjudication Officer: Niamh O'Carroll
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 [and/or Section 39 of the Redundancy Payments Acts 1967 - 2014 and/or Section 8 of the Unfair Dismissals Acts, 1977 - 2015, and/or Section 9 of the Protection of Employees (Employers’ Insolvency) Acts, 1984 - 2012, and/or Part VII of the Pensions Acts 1990 - 2015 and/or Section 79 of the Employment Equality Acts, 1998 - 2015, and/or Section 25 of the Equal Status Act, 2000, and/or Section 13 of the Industrial Relations Acts 1969] following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
Background:
The Complainant’s role was made redundant however she did not receive either her redundancy pay or her minimum notice pay. The matter is not being contested by the Respondent.
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Summary of Complainant’s Case:
The Complainant started working for the Respondent on the 17.10.2017. Her employment ended on the 30.09.2022. She was only given a few hours’ notice of the redundancy. The weekly pay was €183.60. The complainant worked about 18 hours per week. Her hourly rate was €10.20 per hour. The business closed on the 30.09.2022 and it has not reopened. The complainant did sign an RP 50 last year but nothing has happened since then. The Complainant gave all of her details, including her bank details to the Respondent in October 2022. The Complainant was made aware of what the Respondent had stated in his email of the 22.09.2023. Despite the Respondent’s assurances, she is not confident that he will pay her and fears that it is just a delaying/ avoidance tactic. The Complainant seeks her redundancy pay and her minimum notice pay. |
Summary of Respondent’s Case:
The Respondent did not appear for the hearing. He did however contact the WRC by email last Friday, 22.09.2023. He stated that he is in the process of organising the Complainant’s redundancy and minimum notice payment but that he needs her bank details before he can pay her. |
Findings and Conclusions:
I am satisfied based on the uncontested evidence that the Complainant’s role was made redundant on the 30.09.2022 when the Respondent’s business closed. The Complainant did not receive her redundancy pay or her minimum notice pay. CA 55940 -001 Pursuant to S4 (2) (b) the Complainant is entitled to two weeks’ notice having commenced her employment on the 17.10.2017 and ceased on the 30.09.2022. I note that for the year 2022 the Complainant was not paid a statutory minimum wage. She was paid €10.20 per hour. The national minimum wage increased on the 01.01.2022 to € 10.50 per hour. The Complainant worked 18 hours per week. On that basis I award the complainant € 378.00. CA 55940 -002 The Complainant is entitled to a Redundancy payment based on the following details. Start date: 17.10.2017 End date: 30.09.2022 Weekly wage: €189.00 |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint 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- 55940 – 001 The complaint is well founded. I award the Complainant € 378.00 CA – 55940 -002 The complaint is well founded. I award the Complainant her redundancy as is set out above. |
Dated: 27th September 2023
Workplace Relations Commission Adjudication Officer: Niamh O'Carroll
Key Words:
Redundancy. Minimum Notice. No Appearance. |