Complainant

Respondent

Parties

Holly  Levey

Imaginosity Limited

Representatives

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-00055906-001

03/04/2023

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

CA-00055906-002

03/04/2023

The Complainant was employed with the Respondent as a front of house manager from 23rd October 2023.

The Complainant worked on average 30 hours per week. She was laid off temporarily due to the Covid-19 pandemic in March 2020. She was told the company would reopen when restrictions were lifted. It then became apparent that the company was not opening. She has requested redundancy on numerous occasions which still unpaid. She is still registered an as an employee with the company on revenue. Her complaint seeking redundancy under S39 of the Redundancy Payments Act 1967 was received by the Workplace Relations Commission on 3rd April 2023.

The Complainant sought payment for redundancy from the Respondent by sending RP77 to the Respondent on 23rd July 2022. The Complainant is also seeking four week’s minimum notice, public holidays and annual leave of fourteen days owed by the company.

There was no attendance by or on behalf of the Respondent at the hearing.

I heard and considered the submissions of the Complainant at the hearing.

The Complainant was employed by the Respondent since 23rd October 2013. She was placed on temporary lay-off in March 2020 due to the pandemic. When restrictions lifted and businesses were entitled to recommence trading, the Respondent did not re-open. Following contact with the Respondent, the Complainant sent an RP77 form to the company on 23rd July 2022. The Complainant did not receive payment her notice of termination of employment of four weeks under the Minimum Notice and Termination of Employment Act 1973, fourteen days annual leave owed, public holidays and redundancy payment.

I find the complaint is well founded. The Respondent has not re-opened following service of the RP77 form on 23rd July 2023. I direct the Respondent to pay statutory redundancy pay due to the Complainant based on her employment with the company from 23rd October 2013 to date based on her monthly wage of €1,516.66 gross.

As the Complainant has less than ten years of service with the company, she is entitled to four weeks minimum notice of termination of employment pursuant to S11 of the Minimum Notice and Terms of Employment Act 1973-2005. I find this complaint is well founded and direct payment of €1,516.66 by the Respondent to the Complainant.

The Complainant claims annual leave owed of fourteen days which remains unpaid. I find this complaint is well founded and amounts to a breach of S27 of the Organisation of Working Time Act 1997. I direct payment of fourteen days annual leave at €1,061.66 euro by the Respondent to the Complainant.

The Complainant has sought payment of public holidays. Public holidays are paid where an employee works at least 40 hours over the previous 5 weeks based on hours worked. The Complainant is due payment for 18 March 2020. The Complainant was then placed on temporary lay-off and was no longer working. I find the complaint is well founded and is a breach of S27 of the Organisation of Working Time Act 1997 and direct payment of €75.83 by the Respondent to the Complainant.

The complaint is well founded. I direct the Respondent to pay statutory redundancy to the Complainant based on her employment with the company from 23rd October 2013 to date on her monthly wage of €1,516.66 gross.

I find this complaint is well founded and direct payment of €1,516.66 minimum notice by the Respondent to the Complainant.

The complaint is well founded and I direct payment of fourteen days annual leave at €1,061.66 euro by the Respondent to the Complainant.

The complaint is well founded and I direct payment of one day public holiday of €75.83 by the Respondent to the Complainant.