CORRECTION ORDER
ISSUED PURSUANT TO SECTION 39 OF THE ORGANISATION OF WORKING TIME ACT 1997
This Order corrects the original Decision Adj-00049471 issued on the 4th June 2024 and should be read in conjunction with that Decision.
ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00049471
Parties:
| Complainant | Respondent |
Parties | Rishabh Sharma | Matchmaker Software Limited |
| Complainant | Respondent |
Representatives | Self- Represented | No Appearance / No Submissions |
Complaints:
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-00060844-001 | 05/01/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00060844-002 | 05/01/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00060844-003 | 05/01/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00060844-004 | 05/01/2024 |
Date of Adjudication Hearing: 19/04/2024
Workplace Relations Commission Adjudication Officer: Michael McEntee
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015; Section 39 of the Redundancy Payments Acts 1967 - 2014 ; Section 6 of the Payment of Wages Act, 1991 and Section 27 of the Organisation of Working Time Act, 1997 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.
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 Oath or Affirmation was administered to all witnesses present. The legal perils of committing Perjury was explained to all parties.
No issue regarding confidentiality arose.
Background:
The issues in contention (Redundancy, Minimum Notice, Annual Leave & Public Holidays) concern the ending of employment by way of a Company closure. The Employment began on the 8th May 2018 and ended on the 22nd December 2023. The rate of pay was stated to have been €2,782 Gross per month for a 40-hour week.
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1: Summary of Complainant’s Case:
The Complainant gave Sworn Testimony and was questioned by the Adjudicator. Wage rates quoted are as supplied by the Complainant. 1:1 CA-00060844-001 Statutory Redundancy The Employment ended abruptly on the 22nd December 2023. No Redundancy was offered or paid to the Complainant. He has some 5 years and 7 months service. 1:2 CA- 00060844-002 Payment of Wages (December 2023) The Salary element was withdrawn at the Hearing as the December Salary was paid in January 2024. The two weeks minimum notice complaint remained. This related to the failure of the Respondent to pay Minimum Notice of four weeks’ pay amounting to € 642 x 4 = € 2,568. 1:3 CA- 00060844-003 Organisation of Working Time Act – Annual Leave Annual leave of some 7.5 (Reckonable period was Leave Year 2023) was estimated to be outstanding at the closure. The exact number of days was unclear as the Complainant did not have access to the Employer records. A reasonable estimate is 7.5 days outstanding at the end of December / € 128.40 x 7.5 = € 963. 1:4 CA- 00060844-004 Organisation of Working Time Act – Annual Leave / Public Holidays The Complainant, in the absence of Respondent records was unclear on this point. All normal pay had been paid until the end of December which it was presumed included Public Holidays in the reckonable period. |
2: Summary of Respondent’s Case:
No Respondent representatives attended the Hearing. No evidence was provided. |
3; Findings and Conclusions:
3:1 The Complainant attended the Hearing and gave sworn evidence under Oath. He provided a copy of his contract of employment. He presented as a competent witness. In the absence of any Respondent evidence, I have to find, on the balance of probabilities, in his favour. Accordingly, the following are the Adjudication conclusions. 3:2 CA-00060844-001 Statutory Redundancy The Complaint for Statutory Redundancy is deemed to be Well Founded. Statutory Redundancy for the period from 8th May 2018 to the 22nd December 2023 is directed to be paid to the Complainant. The Rate is €600 x 2 for each completed year of service plus one week of €600 (The records of the Department of Social Protection to be consulted as to exact figures due in each case.) 3:3 CA- 00060844-002 Payment of Wages (December 2023) This Wages element of this complaint was closed at the Hearing. However, the Minimum notice claim of four weeks remained. Four weeks’ pay of € 642 x 4 = € 2,568 is due 3:4 CA- 00060844-003- Organisation of Working Time Act,1998 – Annual leave Details were unclear here, but a reasonable estimate is 7.5 days outstanding leave pay for Leave Year 2023. A payment of € 128.4 x 7.5 = € 963 - is directed to be made in favour of the Complainant. 3:5 CA- 00060844-004 – Organisation of Working Time Act,1998 Public Holidays Normal salary was paid until the end of December 2023 which would, it was assumed, have included Public Holidays. In the absence of evidence to the contrary this Complaint cannot be seen as Well Founded. |
4: Decision:
Section 41 of the Workplace Relations Act 2015, Section 39 of the Redundancy Payments Acts 1967 - 2014; Section 6 of the Payment of Wages Act, 1991 and Section 27 of the Organisation of Working Time Act, 1997 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions of the cited Acts.
4:1 CA-00060844-001 Statutory Redundancy
The Complaint for Statutory Redundancy is deemed to be Well Founded.
Statutory Redundancy for the period from 8th May 2018 to the 22nd December 2023 is directed to be paid to the Complainant.
The Rate is €600 x 2 for each completed year of service plus one week of €600 (The records of the Department of Social Protection to be consulted as to exact figures due in each case.)
4:2 CA- 00060844-002 Payment of Wages (December 2023) / Minimum Notice
Four weeks Statutory Minimum Notice pay of € 642 x 4 = € 2,568 is due and is directed to be paid to the Complainant.
4:3 CA- 00060844-003- Organisation of Working Time Act,1998 – Annual leave
A payment of € 128.4 x 7.5 = € 963.00 (7.5 days untaken leave) - is directed to be made in favour of the Complainant.
4:4 CA- 00060844-004 – Organisation of Working Time Act,1998 Public Holidays
Normal salary was paid until the end of December 2023 which would, it was assumed, have included Public Holidays. In the absence of evidence to the contrary this Complaint cannot be seen as Well Founded.
Dated: 4th June 2024
Workplace Relations Commission Adjudication Officer: Michael McEntee
Key Words:
Redundancy, Notice, Holiday Pay |
ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00049471
Parties:
| Complainant | Respondent |
Parties | Rishabh Sharma | Matchmaker Software Limited |
| Complainant | Respondent |
Representatives | Self- Represented | No Appearance / No Submissions |
Complaints:
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-00060844-001 | 05/01/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00060844-002 | 05/01/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00060844-003 | 05/01/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00060844-004 | 05/01/2024 |
Date of Adjudication Hearing: 19/04/2024
Workplace Relations Commission Adjudication Officer: Michael McEntee
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015; Section 39 of the Redundancy Payments Acts 1967 - 2014 ; Section 6 of the Payment of Wages Act, 1991 and Section 27 of the Organisation of Working Time Act, 1997 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.
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 Oath or Affirmation was administered to all witnesses present. The legal perils of committing Perjury was explained to all parties.
No issue regarding confidentiality arose.
Background:
The issues in contention (Redundancy, Minimum Notice, Annual Leave & Public Holidays) concern the ending of employment by way of a Company closure. The Employment began on the 8th May 2019 and ended on the 22nd December 2023. The rate of pay was stated to have been €2,782 Gross per month for a 40-hour week.
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1: Summary of Complainant’s Case:
The Complainant gave Sworn Testimony and was questioned by the Adjudicator. Wage rates quoted are as supplied by the Complainant. 1:1 CA-00060844-001 Statutory Redundancy The Employment ended abruptly on the 22nd December 2023. No Redundancy was offered or paid to the Complainant. He has some 4 years and 7 months service. 1:2 CA- 00060844-002 Payment of Wages (December 2023) The Salary element was withdrawn at the Hearing as the December Salary was paid in January 2024. The two weeks minimum notice complaint remained. This related to the failure of the Respondent to pay Minimum Notice of two weeks’ pay amounting to € 642 x 2 = € 1,284 1:3 CA- 00060844-003 Organisation of Working Time Act – Annual Leave Annual leave of some 7.5 (Reckonable period was Leave Year 2023) was estimated to be outstanding at the closure. The exact number of days was unclear as the Complainant did not have access to the Employer records. A reasonable estimate is 7.5 days outstanding at the end of December / € 128.40 x 7.5 = € 963. 1:4 CA- 00060844-004 Organisation of Working Time Act – Annual Leave / Public Holidays The Complainant, in the absence of Respondent records was unclear on this point. All normal pay had been paid until the end of December which it was presumed included Public Holidays in the reckonable period. |
2: Summary of Respondent’s Case:
No Respondent representatives attended the Hearing. No evidence was provided. |
3; Findings and Conclusions:
3:1 The Complainant attended the Hearing and gave sworn evidence under Oath. He provided a copy of his contract of employment. He presented as a competent witness. In the absence of any Respondent evidence, I have to find, on the balance of probabilities, in his favour. Accordingly, the following are the Adjudication conclusions. 3:2 CA-00060844-001 Statutory Redundancy The Complaint for Statutory Redundancy is deemed to be Well Founded. Statutory Redundancy for the period from 8th May 2019 to the 22nd December 2023 is directed to be paid to the Complainant. The Rate is €600 x 2 for each completed year of service plus one week of €600 (The records of the Department of Social Protection to be consulted as to exact figures due in each case.) 3:3 CA- 00060844-002 Payment of Wages (December 2023) This Wages element of this complaint was closed at the Hearing. However, the Minimum notice claim of two weeks remained. Two weeks’ pay of € 642 x 2 = € 1,284 is due 3:4 CA- 00060844-003- Organisation of Working Time Act,1998 – Annual leave Details were unclear here, but a reasonable estimate is 7.5 days outstanding leave pay for Leave Year 2023. A payment of € 128.4 x 7.5 = € 963 - is directed to be made in favour of the Complainant. 3:5 CA- 00060844-004 – Organisation of Working Time Act,1998 Public Holidays Normal salary was paid until the end of December 2023 which would, it was assumed, have included Public Holidays. In the absence of evidence to the contrary this Complaint cannot be seen as Well Founded.
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4: Decision:
Section 41 of the Workplace Relations Act 2015, Section 39 of the Redundancy Payments Acts 1967 - 2014; Section 6 of the Payment of Wages Act, 1991 and Section 27 of the Organisation of Working Time Act, 1997 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions of the cited Acts.
3:2 CA-00060844-001 Statutory Redundancy
The Complaint for Statutory Redundancy is deemed to be Well Founded.
Statutory Redundancy for the period from 8th May 2019 to the 22nd December 2023 is directed to be paid to the Complainant.
The Rate is €600 x 2 for each completed year of service plus one week of €600 (The records of the Department of Social Protection to be consulted as to exact figures due in each case.)
3:3 CA- 00060844-002 Payment of Wages (December 2023) / Minimum Notice
Two weeks Statutory Minimum Notice pay of € 642 x 2 = € 1,284 is due and is directed to be paid to the Complainant.
3:4 CA- 00060844-003- Organisation of Working Time Act,1998 – Annual leave
A payment of € 128.4 x 7.5 = € 963.00 (7.5 days untaken leave) - is directed to be made in favour of the Complainant.
3:5 CA- 00060844-004 – Organisation of Working Time Act,1998 Public Holidays
Normal salary was paid until the end of December 2023 which would, it was assumed, have included Public Holidays. In the absence of evidence to the contrary this Complaint cannot be seen as Well Founded.
Dated: 4th June 2024
Workplace Relations Commission Adjudication Officer: Michael McEntee
Key Words:
Redundancy, Notice , Holiday Pay |