Complainant

Respondent

Parties

Amy Black

Parnells GAA Club Limited

Representatives

Self-represented

 Not represented

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-00059392-001

13/10/2023

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

CA-00059392-002

13/10/2023

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

CA-00059392-003

13/10/2023

Complaint seeking adjudication by the Workplace Relations Commission under Regulation 15 of the  European Communities (Organisation of Working Time) (Mobile Staff in Civil Aviation) Regulations 2006 - S.I. No. 507 of 2006

CA-00059392-004

Withdrawn

13/10/2023

Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967

CA-00059392-005

13/10/2023

Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967

CA-00059392-006

Duplicate of

CA-00059392-005

Closed

13/10/2023

The respondent is a bar and restaurant attached to Parnells GAA club in Coolock and the complainant was a member of the bar staff.  She worked there from March 17th 2017.   

At the hearing, the complainant said that she worked on Wednesday March 11th 2020 and, at the end of the night, the staff got the premises ready for a funeral reception and a 50th birthday party the next day.  However, the club didn’t re-open the next day.  Staff were normally paid on Fridays, but no wages were paid on Friday, March 13th.

The complainant said that she assumed that the club closed because of the Covid-19 pandemic.  When it didn’t open after the lifting of the Covid-19 restrictions, in May 2022, she applied for a redundancy payment by sending an RP9 form to the club secretary.  In July 2022, she was informed by the club secretary that her application was in a queue in the Revenue Commissioners.  When she submitted these complaints to the WRC on October 13th 2023, the club had not terminated her employment and outstanding wages, holiday pay and redundancy pay had not been paid.    

Complaints CA-0059392-001, 002 and 003:

Complaints Regarding Wages, Holiday Pay and Public Holiday Pay

Section 41(6) of the Workplace Relations Act provides that:

Subject to subsection (8), an adjudication officer shall not entertain a complaint referred to him or her under this section if it has been presented to the Director General after the expiration of the period of 6 months beginning on the date of the contravention to which the complaint relates.

The complaints submitted by the complainant under the Payment of Wages Act 1991 and the Organisation of Working Time Act 1997 are relevant to contraventions that occurred in March 2020 concerning the non-payment of wages and holiday pay.  These complaints relate to the non-payment of wages on March 13th 2020 and the non-payment of holiday pay shortly afterwards.  Where there is reasonable cause, s.41(8) of the Workplace Relations Act permits me to extend the time limit to from six months to 12 months.  Allowing for this extension, the time limit extends to March 10th 2021.  As these complaints were submitted to the WRC on October 13th 2023, the time limit for consideration of the complaints with the reference numbers CA-00059302-001, 002 and 003 has expired.  

Complaint CA-0059592-005:  Complaint Concerning Redundancy Pay

This complaint is submitted under the Redundancy Payments Act 1967.  Section 24 of that Act provides that a complaint regarding the non-payment of a redundancy lump sum must be submitted to the WRC within 52 weeks of the date of dismissal.  Section 24(2A) provides that, for reasonable cause, the time limit may be extended to 104 weeks.

At the hearing, the complainant said that, for many years, the bar and restaurant attached to Parnells GAA club was an important feature of the community, and there was no shortage of business.  When the Covid-19 restrictions were lifted, she and her colleagues expected the club to re-open and they expected that they would return to work.  By May 2022, when this didn’t happen, the complainant submitted an RP9 to the club secretary.  Over the following months, she was informed that the club was waiting for information from the Revenue Commissioners to deal with the applications for redundancy pay and that there was a delay because of the Covid-19 pandemic.  Based on this explanation, I find that it was reasonable for the complainant to wait until October 2023 to apply to the WRC for a decision concerning her entitlement to redundancy pay.  I have decided therefore, in accordance with s.24(2A) of the Redundancy Payments Act, to extend the time limit for submitting a complaint to 104 weeks.

Complaint CA-0059592-005:  Complaint under Section 39 of the Redundancy Payments Act 1967

Section 7 of the Redundancy Payments Act 1967 (as amended) sets out five specific circumstances in which an employee may be entitled to a redundancy payment, the first of which is:

“(a) the fact his employer has ceased or intends to cease to carry on the business for the purpose of which the employee was employed by him, or has ceased or intends to cease to carry on that business in the place where the employee was so employed[.]”

As the complainant’s employer has ceased operations in the place where she was employed, her job has become redundant.  As she has completed more than two years of service, she is entitled to a redundancy payment.

CA-00059392-001:  Complaint under the Payment of Wages Act 1991

This is a complaint about the failure of the respondent to pay the complainant her weekly wages on March 13th 2020.  As the complaint was submitted on October 13th 2023, it is outside the time limit at s.41(6) and (8) of the Workplace Relations Act 2015.  For this reason, I have no authority to proceed with an enquiry.

CA-00059392-002:  Complaint under the Organisation of Working Time Act 1997

This is a complaint about the failure of the respondent to pay the complainant her holiday pay at the termination of her employment.  The complainant last worked on March 11th 2020.  She accepted that her employment was terminated in May 2022 when she submitted an RP9 to the respondent.  As this complaint was submitted to the WRC on October 13th 2023, it is outside the time limit at s.41(6) and (8) of the Workplace Relations Act 2015.  For this reason, I have no authority to proceed with an enquiry.

CA-00059392-003:  Complaint under the Organisation of Working Time Act 1997

This is a complaint about the failure of the respondent to pay the complainant her entitlement to public holiday pay at the termination of her employment.  The complainant last worked on March 11th 2020.  She accepted that her employment was terminated in May 2022 when she submitted an RP9 to the respondent.  As this complaint was submitted to the WRC on October 13th 2023, it is outside the time limit at s.41(6) and (8) of the Workplace Relations Act 2015.  For this reason, I have no authority to proceed with an enquiry.

CA-00059392-004:  Complaint under the European Communities (Organisation of Working Time) (Mobile Staff in Civil Aviation) Regulations 2006

This complaint was submitted in error and was withdrawn at the hearing.

CA-00059392-005:  Complaint under the Redundancy Payments Act 1969

Subject to her PRSI contribution status and, based on her service from March 17th 2017 until May 14th 2022 and her gross weekly wages of €550.00, I decide that the complainant is entitled to a statutory redundancy payment.

CA-00059392-006:  Complaint under the Redundancy Payments Act 1969

This is a duplicate of the complaint which has been adjudicated on above under CA-00059392-005.

Redundancy, time limits