Complainant

Respondent

Parties

Eamon  Lynch

 Jack Sleator Motors Limited

Representatives

Self

No attendance

Act

Complaint/Dispute Reference No.

Date of Receipt

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

CA-00058380-001

18/08/2023

Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973

CA-00058380-002

18/08/2023

Complaint seeking adjudication by the Workplace Relations Commission under Sick Leave Act 2022

CA-00058380-003

18/08/2023

Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991

CA-00058380-004

18/08/2023

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

CA-00058380-005

18/08/2023

The Complainant is a mechanic and commenced working for the Respondent on the 6 February 2017.

He received notice that the garage where he worked was closing down on the 17 March 2023.

At the time the Complainant was on sick leave was due back to work on the 13 March 2023.

He was asked to work one week and he worked between the 13th and 17 March 2023.

His working week was a four-day week of 32 hours and he earned a gross weekly pay of €440.

CA-00058380-001  This is the Complainant's redundancy claim. He confirmed that his start date was 6 February 2017 and his end date was 17 March 2023. While he worked a full week at the start of his employment, following a medical diagnosis, he worked a four-day week. His gross weekly pay was €440.00.

CA-00058380-002.  This complaint related to the Complainant receiving the minimum notice of the termination of his employment. He worked more than six years for the Respondent the time of the ending of his employment. 

CA-00058380-003.  This complaint related to provision of Sick Pay. The Complainant was off sick for one month. Provided medical certificates at hearing. These covered from 27 February 2023 to the 13 March 2023. Did not receive statutory sick pay of three working days. This amounted to €330.

CA-00058380-004.  This complaint related to the practice in the employment that the Complainant had to work a week in hand. He did not receive payment for the week that he carried forward. This amounted to €440.

CA-00058380-005.  This complaint related to payment of outstanding holidays. The Complainant did not receive his full holiday entitlement for 2022 and 2023 on or before the ending of his employment.  He calculated that this amounted to sixteen days annual leave.

There was no attendance for the Respondent.

I am satisfied that the Respondent was on notice of the hearing as correspondence was sent to its Registered office and also to the address of the company secretary.

CA-00058380-001 :  Having heard the evidence, I am satisfied the Complainant’s situation is in compliance with section 2(a) of the Redundancy Payments Acts.  The business has ceased trading and to carry on business in the place where the Complainant was employed and his work has ceased.  I am satisfied the Complainant is entitled to a redundancy payment pursuant to the Redundancy Payments Acts, 1967-2014.  I am satisfied that the Respondent has not paid any monies to the Complainant in respect of his redundancy at the date of hearing. 

CA-00058380-002: While the complainant received some notice, this complaint is well founded.  I award the Complainant 3 weeks gross wages at a gross weekly pay of €440.00.

CA-00058380-003: The Sick Leave Act, 2022 provides for a statutory sick pay scheme for all employees. For 2023 the entitlement was 3 days paid sick leave. From 1 January 2024 the entitlement is 5 days paid sick leave.  My decision may include an award of compensation in favour of the Employee of such an amount which I might consider just and equitable having regard to all the circumstances. The award will not exceed four weeks remuneration.  Employees who have been in continuous service for thirteen weeks and more may avail of a statutory right to a payment from the Employer where the Employee has been absent by reason of a certified sick leave. The medical certificate must state that the employee is unfit to work due to their illness or injury.  The sick pay will be paid by the employer at a rate of 70% of the employee’s wage, subject to a daily maximum threshold of €110.00.  There are circumstances where Statutory Sick Leave does not apply. These are limited as follows: 

An employment contract may provide for more favourable sick leave provisions.

Where an employer provides employees with a sick leave scheme the benefits of which are more favourable.

An employer whose business is experiencing severe financial difficulties may apply to the Labour Court for an exemption to pay sick leave. If an exemption is granted, it will be for a minimum of three months and up to one year.

The evidence given to me by the Complainant was that the Respondent did not have more favourable sick leave provision than that of statutory sick leave and that no exemption application had been made to the Labour Court.

CA-00058380-004: I am satisfied that the Complainant worked "a week in hand" when he started his employment and is this was carried forward to the ending of his employment.

CA-00058380-005: I am satisfied that the Complainant is entitled to his 16 days annual leave which was not paid to him at the ending of his employment.

CA-00058380-001:  This complaint is well founded.  In circumstances where the Respondent has ceased to carry on business where the Complainant was employed, I find a redundancy situation applies and I find the claim for a redundancy payment to be well-founded.  The Complainant is entitled to a redundancy payment based on the following facts established in evidence:

Commencement date:  6 February 2017

End of employment:  17 March 2023

Gross weekly pay:  €440.00

Any award made under the Redundancy Payments Acts is subject to the Complainant having been in insurable employment for the relevant period under the Social Welfare Acts 1952-1966.  

CA-00058380-002:  This complaint is well founded.  I award the Complainant 3 weeks gross wages at a gross weekly pay of €440.00 which amounts to €1,320. 

CA-00058380-003:  This complaint is well founded. I award the Complainant his statutory sick leave pay of €231 (three days at 70% pay) and I also award him compensation of two weeks’ pay rising from the Respondents failure to provide him with his statutory sick pay which amounts to €880. The total amount due under this complaint is €1,111.

CA-00058380-004.  This complaint is well founded. I award the Complainant is outstanding pay of €440.

CA-00058380-005.  This complaint is well founded. I award the Complainant outstanding holiday pay 16 days which amounts to €1,760.

Redundancy. Ending of employment. Week in hand. Sick Pay 2023. Compensation under the Sick Leave Act just and equitable having regard to all the circumstances.