ADJUDICATION OFFICER DECISION

Adjudication Reference:  ADJ-00051069

Parties:

Complaints:

Date of Adjudication Hearing:  08/07/2024

Workplace Relations Commission Adjudication Officer:  Gaye Cunningham

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaints  to me by the Director General, I inquired into the complaints  and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.

Background:

The Complainant’s employment was terminated without payment of her statutory entitlements to minimum notice and holiday pay.

Summary of Complainant’s Case:

The Complainant worked as a Counter Assistant for the Respondent who operated a Fresh Fish business.  The business closed on 16 February 2024 without notice.  She commenced her employment in October 2012.  She was paid €342.90 for a 24 hour week.   She confirmed that she was claiming six weeks’ notice pay and 32 hours payment for annual leave due at the end of the employment.  She said the Accounts office person confirmed this to her when the business closed.

Summary of Respondent’s Case:

The Respondent did not attend the hearing.

Findings and Conclusions:

CA-00061997-001           Minimum Notice & Terms of Employment Act 1973.

Section 4 (2) (d) of the Act provides that an employee shall be entitled to a minimum period of notice on termination of her employment as follows:

(d) if the employee has been in the continuous service of his employer for ten years or more, but less than fifteen years, six weeks.

I find the Complainant was not given the requisite notice and the complaint is well founded.

CA-00061997-002           Payment of Wages Act 1991

As above, the minimum notice the Complainant was entitled to is six weeks.  I find the complaint to be well founded and I require the Respondent to pay to the Complainant the sum of €2,057.40.

CA-00061997-003           Organisation of Working Time Act 1997

Section 19 of the Act provides for the employee’s minimum entitlements to annual leave.  In this case, the Complainant stated that based on 8% of hours worked, she was informed of her entitlement to 32 hours’ pay for annual leave accrued and not taken at the end of her employment.          I find the complaint to be well founded and I require the Respondent to pay to the Complainant the sum of €457.20.

Decision:

Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints  in accordance with the relevant redress provisions under Schedule 6 of that Act.

CA-00061997-001           Minimum Notice & Terms of Employment Act 1973.

I have decided that the complaint is well founded.

CA-00061997-002           Payment of Wages Act 1991

I have decided that the complaint is well founded and I require the Respondent to pay to the Complainant the sum of €2,057.40.

CA-00061997-003           Organisation of Working Time Act 1997

I have decided that the complaint is well founded and I require the Respondent to pay to the Complainant the sum of €457.20.

Dated:   16th July 2024

Workplace Relations Commission Adjudication Officer:  Gaye Cunningham

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