ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00050989
Parties:
| Complainant | Respondent |
Parties | Doireann Jackson | Condi Hospitality Limited t/a Café Nua |
| Complainant | Respondent |
Anonymised Parties | {text} | {text} |
Representatives | Self | No attendance |
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-00062430-001 | 26/03/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00062430-002 | 26/03/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00062430-003 | 26/03/2024 |
Date of Adjudication Hearing: 08/08/2024 Virtual Hearing
Workplace Relations Commission Adjudication Officer: Janet Hughes
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaint(s) to me by the Director General, I inquired into the complaint(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s).
Notification of the hearing was issued by the WRC to the address provided by the Complainant which was her place of work. When arranging the virtual hearing the WRC tried to contact the Respondent including at the phone number provided by the Complainant. There was no engagement by the Respondent in response to the WRC. As I am satisfied that every reasonable effort was made to notify the Respondent of the hearing, I proceeded to hear the evidence of the Complainant and this Decision is based on that sworn evidence.
Background:
The complaint submitted is in respect of unpaid wages and unpaid holiday pay on termination of employment which occurred when the business closed.
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Summary of Complainant’s Case:
The Complainant was employed at Café Nua from 29.06.23 to 06.03.24. The rate of pay was €12.70 per hours. The hours of work varied over the period of employment with weekend only working from October to March and Monday to Friday during the summer months. The Complainant worked on 03.03.24 and was contacted by her manager to inform her that the business was closed. on 06.03.24 The following are the amounts of unpaid wages and holiday pay: 24.02.24 Unpaid wages 4.5 hours pay €57.15 02.03.24 Unpaid wages 4.5 hours pay €57.15 03.03.24 Unpaid wages 4 hours pay €50.80 06.03.24 Unpaid Holiday Pay-for the duration of the employment as there were no paid holidays during that time- €407.42 calculated at 8% of pay over the period. All amounts are gross and nett. |
Summary of Respondent’s Case:
No information or evidence was made available by the Respondent. |
Findings and Conclusions:
Based on the evidence of the Complainant I an satisfied that the monies claimed as unpaid are valid claims and are therefore well founded. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
CA-62430-001 Payment of Wages Act 1991 This complaint by Doireann Jackson against the Respondent Condi Hospitality Ltd is well founded. The Respondent is to pay the Complainant €57.15 nett CA-62430-002 Payment of Wages Act 1991 This complaint by Doireann Jackson against the Respondent Condi Hospitality Ltd is well founded. The Respondent is to pay the Complainant €107.95 nett CA-62430-003 Payment of Wages Act 1991 This complaint by Doireann Jackson against the Respondent Condi Hospitality Ltd is well founded. The Respondent is to pay the Complainant €407.42 nett |
Dated: 13th August 2024
Workplace Relations Commission Adjudication Officer: Janet Hughes
Key Words:
Wages/Holiday Pay on termination |