ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00049221
Parties:
| Complainant | Respondent |
Parties | Piotr Sudak | Premier Signs Ltd |
Representatives |
|
|
Complaint(s):
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-00060490-001 | 12/12/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00060490-002 | 12/12/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00060490-003 | 12/12/2023 |
Date of Adjudication Hearing: 02/04/2024
Workplace Relations Commission Adjudication Officer: David James Murphy
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 39 of the Redundancy Payments Acts 1967 - 2014 following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
Background:
The Complainant worked as a sign maker for the Respondent from 7th of September 2020 until 13th of November 2023 when they suddenly stopped trading. In December 2023 he filed complaints with the WRC alleging the Respondent failed to pay him his last week’s wages, notice, accrued holiday pay, overtime and redundancy.
A hearing was held on the 2nd of April 2024. The Complainant attended and the Respondent did not. |
Summary of Complainant’s Case:
The Complainant gave evidence under affirmation and presented a number of emails with the Respondent. They confirmed that they owed him redundancy. They did not deny that they owed him the other outstanding sums. They outlined that they were not in a position to pay these sums. |
Summary of Respondent’s Case:
The Respondent did not attend the hearing. |
Findings and Conclusions:
CA-00060490-001 The Complainant was not paid his wages for the final week. His salary was €608 per week. The Complainant was not paid his accrued annual leave. This totalled €310. The Complainant was not paid his outstanding overtime of €912. All of the above payments were clearly properly payable to the Complainant and the Respondent has outlined no lawful basis for their deduction. CA-00060490-002 Section 2 of the Redundancy Payments Act sets out that an employee who is dismissed shall be taken to be dismissed by reason of redundancy if for one or more reasons not related to the employee concerned the dismissal is attributable wholly or mainly to— (a) the fact that his employer has ceased, or intends to cease, to carry on the business for the purposes 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, or The Respondent ceased trading and the Complainant lost his job. This is clearly a redundancy situation. The Complainant is entitled to a redundancy lump sum payment. CA-00060490-003 The Complainant’s service entitled him to two weeks’ notice. He was not paid this. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) 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-00060490-001 This complaint is well founded. I direct the Respondent to pay the Complainant €1830. CA-00060490-002 This complaint is well founded. I have decided that the complainant is entitled to a redundancy payment based on the following criteria: Date of Commencement: 7th of September 2020 Date of Termination: 13th of November 2023 Gross Weekly Pay: €608 CA-00060490-003 This complaint is well founded. I direct the Respondent to pay the Complainant €1216. |
Dated: 05th April 2024
Workplace Relations Commission Adjudication Officer: David James Murphy
Key Words:
|