ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00046838
Parties:
| Complainant | Respondent |
Parties | Kirsty McLean | Joules Limited (In administration) |
| Complainant | Respondent |
Representatives | Self-Represented | Did not attend /Correspondence received |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 9 of the Protection of Employees (Employers’ Insolvency) Act, 1984. | CA-00055835-001 | 30/03/2023 |
Date of Adjudication Hearing: 07/11/2023
Workplace Relations Commission Adjudication Officer: Michael McEntee
Procedure:
In accordance with Section 41 of the Workplace Relations Act, and/or Section 9 of the Protection of Employees (Employers’ Insolvency) Acts, 1984 - 2012, following the referral of the complaint 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.
In deference to the Supreme Court ruling, Zalewski v Ireland and the WRC [2021] IESC 24 on the 6th of April 2021 the Parties were informed in advance that the Hearing would normally be in Public, Testimony under Oath or Affirmation would be required and full cross examination of all witnesses would be provided for.
The required Affirmation / Oath was administered to all witnesses present. The legal peril of committing Perjury was explained to all parties.
The issue of anonymisation in the published finding of the WRC was considered. It was not deemed necessary.
Background:
The issue in contention concerns unpaid, at the date of the Hearing, four week’s statutory notice pay and six days statutory holiday pay. The employment commenced on the 5th September 2019 and ended on the 21st November 2022. The rate of pay was stated to have been €4,166 per month for a 40-hour week. |
1: Summary of Complainant’s Case:
The Employer ceased trading on the 21st November 2022. The employees were informed that the employer had gone into administration. While the Employee /Complainant has subsequently secured Statutory Redundancy the issue of Holiday and notice pay remined outstanding at the date of the Adjudication Hearing. The Complainant is now seeking Redress under Section 9 of the Protection of Employees (Employers’ Insolvency) Acts, 1984 – 2012. This was necessary as the Complainant has not been able to make any satisfactory progress with the Administrator who is UK based.
|
2: Summary of Respondent’s Case:
The Administrators were based in Manchester in England. While they were anxious to see all former Employee receive their statutory rights they were (in correspondence to the Complainant) at the date of the Hearing legally unclear of the position of former R o I employees regarding Notice & Holiday Pay and the liability of a UK based Administrator in this context. They were fully on notice of the date, time and place of the Hearing. |
3: Findings and Conclusions:
The Complainant in sworn testimony satisfied the Adjudication officer that she is due, under the Terms of the Employees (Employers’ Insolvency) Acts, 1984 – 2012 payment of €1,250 in Statutory Holiday Pay and €2.400 in Statutory Notice Pay. |
4: Decision:
CA: 00055835-001
Section 41 of the Workplace Relations Act 2015 and Section 9 of the Employees (Employers’ Insolvency) Acts, 1984 – 20 require that I make a decision in relation to the complaint in accordance with the relevant redress provisions of the cited Acts.
The Adjudication Officer directs that payment of
€1,250 in Statutory Holiday Pay
and
€2.400 in Statutory Notice Pay
be paid to the Complainant as soon as convenient.
Dated: 19th of January 2024
Workplace Relations Commission Adjudication Officer: Michael McEntee
Key Words:
Insolvency, Redundancy, Insolvent Employer |