CORRECTION ORDER
ISSUED PURSUANT TO SECTION 39 OF THE ORGANISATION OF WORKING TIME ACT 1997
This Order corrects the original Decision ADJ-00048215 issued on 28th May 2024 and should be read in conjunction with that Decision.
ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00048215
Parties:
| Complainant | Respondent |
Parties | James Bolton | Coolaney Carpentry Ltd t/a Quality Carpentry |
Representatives | Self-represented | Self-represented |
Complaints:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00059284-001 | 05/10/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00059284-002 | 05/10/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00059284-003 | 05/10/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00059284-004 | 05/10/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00059284-005 | 05/10/2023 |
Date of Adjudication Hearing: 23/04/2024
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015following 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 complaints are that the Respondent failed to pay to the Complainant annual leave and public holidays due on cessation of his employment and payment for minimum notice.
Summary of Complainant’s Case:
The Complainant stated that he was a Joiner working for the Respondent from 1st March 2013 until 17th May 2023, earning €825.30 gross per week. He was told on 21st April 2023 that he was being laid off and on 17th May 2023 that the business was being closed. He submitted that he was owed 6 days annual leave accrued, payment for 2 public holidays (17th March and 1st May 2023) and 6 weeks minimum notice.
Summary of Respondent’s Case:
The facts of the complaints are not in dispute. In a written submission received prior to the hearing, the Respondent submitted that the closure of the business was unavoidable, owing to Covid, Cash flow, increasing costs and loss of contracts and payments from customers.
Findings and Conclusions:
CA-00059284-001 Organisation of Working Time Act 1997
- | Section 23 (1) of the Act provides: Where - (a) an employee ceases to be employed, and |
(b) the whole or any portion of the annual leave in respect of the current leave year or, in case the cesser of employment occurs during the first half of that year, in respect of that year, the previous leave year or both those years, remains to be granted to the employee, | |
the employee shall, as compensation for the loss of that annual leave, be paid by his or her employer an amount equal to the pay, calculated at the normal weekly rate or, as the case may be, at a rate proportionate to the normal weekly rate, that he or she would have received had he or she been granted that annual leave. |
I find the complaint to be well founded and I require the Respondent to pay to the Complainant the sum of €990.30.
CA-00059284-002 Organisation of Working Time Act 1997
Section 21 of the Act provides:
“21—(1) Subject to the provisions of this section, an employee shall, in respect of a public holiday, be entitled to whichever one of the following his or her employer determines, namely—
(a) a paid day off on that day, |
(b) a paid day off within a month of that day, |
(c) an additional day of annual leave, |
(d) an additional day's pay: |
Provided that if the day on which the public holiday falls is a day on which the employee would, apart from this subsection, be entitled to a paid day off this subsection shall have effect as if paragraph (a) were omitted therefrom”.
The Complainant claims that he is owed payment for the public holidays 17th March 2023 and 1st May 2023. In the absence of contrary evidence, I find his complaint to be well founded. I require the Respondent to pay to the Complainant the sum of €330.12.
CA-00059284-003 Organisation of Working Time Act 1997
This is a duplicate of CA-00059284-001.
CA-00059284-004 Organisation of Working Time Act 1997
This is a duplicate of CA-00059284-002.
CA-00059284-005 Minimum Notice and Terms of Employment Act 1973
Section 4 (2) (d) of the Act provides that the minimum notice to be given by an employer to terminate the contract of employment of the employee having been in the continuous service of the employer for ten years or more, but less than fifteen years, is six weeks.
In the absence of contrary evidence, I find the complaint to be well founded. I require the Respondent to pay to the Complainant the sum of €4,951.80.
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-00059284-001 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 €990.30.
CA-00059284-002 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 €330.12.
CA-00059284-003 Organisation of Working Time Act 1997
This is a duplicate of CA-00059284-001.
CA-00059284-004 Organisation of Working Time Act 1997
This is a duplicate of CA-00059284-002.
CA-00059284-005 Minimum notice and Terms of Employment Act 1973
I have decided the complaint is well founded and I require the Respondent to pay to the Complainant the sum of €4,951.80.
Dated: 28th May 2024
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Key Words:
Annual leave pay on cessation, well founded. Public holiday pay, well founded, Minimum notice. |
ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00048215
Parties:
| Complainant | Respondent |
Parties | James Bolton | Coolanely Carpentry Ltd t/a Quality Carpentry |
Representatives | Self-represented | Self-represented |
Complaints:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00059284-001 | 05/10/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00059284-002 | 05/10/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00059284-003 | 05/10/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00059284-004 | 05/10/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00059284-005 | 05/10/2023 |
Date of Adjudication Hearing: 23/04/2024
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015following 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 complaints are that the Respondent failed to pay to the Complainant annual leave and public holidays due on cessation of his employment and payment for minimum notice.
Summary of Complainant’s Case:
The Complainant stated that he was a Joiner working for the Respondent from 1st March 2013 until 17th May 2023, earning €825.30 gross per week. He was told on 21st April 2023 that he was being laid off and on 17th May 2023 that the business was being closed. He submitted that he was owed 6 days annual leave accrued, payment for 2 public holidays (17th March and 1st May 2023) and 6 weeks minimum notice.
Summary of Respondent’s Case:
The facts of the complaints are not in dispute. In a written submission received prior to the hearing, the Respondent submitted that the closure of the business was unavoidable, owing to Covid, Cash flow, increasing costs and loss of contracts and payments from customers.
Findings and Conclusions:
CA-00059284-001 Organisation of Working Time Act 1997
- | Section 23 (1) of the Act provides: Where - (a) an employee ceases to be employed, and |
(b) the whole or any portion of the annual leave in respect of the current leave year or, in case the cesser of employment occurs during the first half of that year, in respect of that year, the previous leave year or both those years, remains to be granted to the employee, | |
the employee shall, as compensation for the loss of that annual leave, be paid by his or her employer an amount equal to the pay, calculated at the normal weekly rate or, as the case may be, at a rate proportionate to the normal weekly rate, that he or she would have received had he or she been granted that annual leave. |
I find the complaint to be well founded and I require the Respondent to pay to the Complainant the sum of €990.30.
CA-00059284-002 Organisation of Working Time Act 1997
Section 21 of the Act provides:
“21—(1) Subject to the provisions of this section, an employee shall, in respect of a public holiday, be entitled to whichever one of the following his or her employer determines, namely—
(a) a paid day off on that day, |
(b) a paid day off within a month of that day, |
(c) an additional day of annual leave, |
(d) an additional day's pay: |
Provided that if the day on which the public holiday falls is a day on which the employee would, apart from this subsection, be entitled to a paid day off this subsection shall have effect as if paragraph (a) were omitted therefrom”.
The Complainant claims that he is owed payment for the public holidays 17th March 2023 and 1st May 2023. In the absence of contrary evidence, I find his complaint to be well founded. I require the Respondent to pay to the Complainant the sum of €330.12.
CA-00059284-003 Organisation of Working Time Act 1997
This is a duplicate of CA-00059284-001.
CA-00059284-004 Organisation of Working Time Act 1997
This is a duplicate of CA-00059284-002.
CA-00059284-005 Minimum Notice and Terms of Employment Act 1973
Section 4 (2) (d) of the Act provides that the minimum notice to be given by an employer to terminate the contract of employment of the employee having been in the continuous service of the employer for ten years or more, but less than fifteen years, is six weeks.
In the absence of contrary evidence, I find the complaint to be well founded. I require the Respondent to pay to the Complainant the sum of €4,951.80.
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-00059284-001 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 €990.30.
CA-00059284-002 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 €330.12.
CA-00059284-003 Organisation of Working Time Act 1997
This is a duplicate of CA-00059284-001.
CA-00059284-004 Organisation of Working Time Act 1997
This is a duplicate of CA-00059284-002.
CA-00059284-005 Minimum notice and Terms of Employment Act 1973
I have decided the complaint is well founded and I require the Respondent to pay to the Complainant the sum of €4,951.80.
Dated: 28th May 2024
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Key Words:
Annual leave pay on cessation, well founded. Public holiday pay, well founded, Minimum notice. |