ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00050063
Parties:
| Complainant | Respondent |
Parties | Anne Doyle | Lifetime Care Limited /Lifetime Care Mayo Limited |
Representatives | Self | No attendance |
Complaint(s):
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-00061445-001 | 07/02/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00061445-002 | 07/02/2024 |
Date of Adjudication Hearing: 26/04/2024
Workplace Relations Commission Adjudication Officer: Janet Hughes
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 39 of the Redundancy Payments Acts 1967 as amendedfollowing the referral of the complaint(s) to me by the Director General, I inquired into the complaint(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s). Notification of hearing date(s) were issued to the Respondent by registered post to the address provided. From a letter dated 05/10/23 issued by the Respondent to the Complainant, it is evident that the Respondent ceased trading on that date. As I am satisfied that every reasonable effort was made by the WRC to serve a notice of the complaint on the named Respondent and the date the complaints would be heard, I proceeded to take the sworn evidence of the Complainant in the absence of the Respondent. In respect of unpaid wages and holiday pay, the Complainant was asked to provide further information to the WRC, which was received on 10/05/2024.
Regarding the name of the Respondent, the contract of employment signed by the Complainant gave Lifetime Care Ltd as the employer. The payslips gave the name of the employer as Lifetime Care Mayo Ltd. The Complainant understands that there was also a Lifetime Care Galway Ltd. As it may be the case that one entity was renamed as the other and as I am satisfied that for the purposes of these complaints, they were the same trading entity, both legal titles are given for the Respondent in this Decision.
Background:
The Complainant submitted complaints of unpaid redundancy pay and a failure to pay in lieu of unworked notice. In the online WRC complaint form, she also referred to unpaid holiday pay. At the hearing, the Complainant also spoke about unpaid wages. As the Respondent is only on notice of complaints of unpaid notice pay and unpaid redundancy pay, I am limiting my Decisions to the complaints under the relevant legislation as notified to the parties. I am however recording the amounts of wages and holiday pay which I consider are also due to the Complainant, for the information of any liquidator and/ or the Department of Social Protection.
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Summary of Complainant’s Case:
The Complainant was employed by the Respondent as a home carer commencing on 16.10.2019. She worked for 18 hours per week and was paid €249.75 per week gross. On 05.10.23 she and other employees received a letter from the Respondent informing her that he was ceasing trading and her employment with effect from that date. Thereafter she received no further information from the Respondent. The Complaint was considered as a claim for non-payment of statutory minimum notice pay and appeal against the failure of the Respondent to pay statutory redundancy.
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Summary of Respondent’s Case:
No evidence was provided by the Respondent. |
Findings and Conclusions:
Redundancy Payments Act 1967, as amended On the basis of the evidence of the Complainant, Anne Doyle I am satisfied that she has an entitlement to statutory redundancy and that entitlement was not paid by the Respondent. The details for the calculation of her entitlement are set out in the Decision below. Minimum Notice and Terms of Employment Act, 1973 as amended On the basis of the evidence of the Complainant, I am satisfied that she has a statutory entitlement to two weeks pay in lieu of notice by the Respondent and that the payment was not made by the Respondent. Details of the amount to be paid to the Complainant are contained in the decision below. Wages and Holiday Pay In the information provided post the hearing, the Complainant gave details of €567 in gross pay and holiday pay which remains unpaid in respect of three weeks-39,40 and 41. I am satisfied that these wages remain unpaid. The Complainant advised that she received two days paid holiday. Based on her figure for gross pay for the period of €8866 and using a calculation of 8% of gross pay minus fourteen hours holiday pay received between January and October 2024, I calculate an amount of €520.28 is owed to the Complainant in respect of unpaid holiday pay. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
Section 39 of the Redundancy Payments Acts 1967 – 2012 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.
CA-00061445-001 Section 38 Redundancy Payments Act 1969, as amended The appeal of the Complainant, Anne Doyle, against the failure of the Respondent Lifetime Care Limited/Lifetime Care Mayo Limited to pay her redundancy pay is upheld. The relevant dates for calculation of the amount due to the Complainant are: Rate of Pay: €249.75 gross Hours worked per week: 18 Date of commencement of employment with the Respondent: 16.10.2019 Date of termination of employment with the Respondent: 05.10.2023 CA-00061445-002 Section 12 Minimum Notice and Terms of Employment Act 1973, as amended. The complaint by Anne Doyle against the Respondent under the legislation is well founded. The Respondent is to pay the Complainant two weeks pay in lieu of notice amounting to €499.5 gross and nett. |
Dated: 16/05/2024
Workplace Relations Commission Adjudication Officer: Janet Hughes
Key Words:
Redundancy Pay; Pay in lieu of Notice |