ADJUDICATION OFFICER DECISION

Adjudication Reference:  ADJ-00051704

Parties:

Complaints:

Date of Adjudication Hearing:  14/11/2024

Workplace Relations Commission Adjudication Officer:  Gaye Cunningham

Procedure:

In accordance with Section 41 of the Workplace Relations Act, Section 6 of the Payment of Wages Act 1991, Section 39 of the Redundancy Payments Act 1967,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.

Background:

The Complainant seeks redundancy lump sum payment, payment in lieu of notice and payment for annual leave accrued.

Summary of Complainant’s Case:

The Complainant worked as a Yardman in the Respondent’s premises from 10 March 2016. On 22 February 2024 he was advised by one of the Directors of the Company that the premises which was a public house was closing as it was going out of business.  The Complainant earned €406.40 per week.  He seeks statutory redundancy payment based on his service and earnings.  He also seeks payment for 4 weeks in lieu of notice not received and payment for 10 days annual leave which he had accrued and not taken at the end of his employment.

Summary of Respondent’s Case:

The Respondent does not dispute the facts as outlined by the Complainant.  The pub ceased to trade due to financial problems.

Findings and Conclusions:

CA-00063386-001           Payment of Wages Act 1991

The Complainant seeks payment for 4 weeks’ notice amounting to €1,625.60.   He seeks payment for 10 days annual leave amounting to €1,016.  The total amount is €2,641.60.  I find his complaint to be well founded.

CA-00063386-002           Payment of Wages Act 1991

The Complainant seeks 4 weeks’ notice pay.  This is a duplicate of CA-00063386-001.  I find the complaint to be well founded. I make no further award.

CA-00063386-003           Redundancy Payments Act 1967

The Respondent did not dispute the facts in relation to the Complainant’s claim.

I find the claim to be well founded.

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.

Section 6 of the Payment of Wages Act 1991 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under the Act.

Section 39 of the Redundancy Payments Act 1967 requires I make a decision under the provisions of that Act.

CA-00063386-001           Payment of Wages Act 1991

I have decided that the complaint is well founded, and I require the Respondent to pay to the Complainant the following:

€1,625.60 for 4 weeks’ pay in lieu of notice

€1,016.00 for 10 days annual leave.

Total: €2,641.60.

CA-00063386-002           Payment of Wages Act 1991

I have decided the complaint is well founded.  No further award is given as this is a duplicate of

CA-00063386-001.

CA-00063386-003           Redundancy Payments Act 1967

I have decided that the Complainant is entitled to a statutory redundancy payment based on the following criteria:

Date of Commencement:     10 March 2016

Date of Termination:            22 February 2024

Gross Weekly Pay:                   €406.40

This award is made subject to the complainant having been in insurable employment under the Social Welfare Acts during the relevant period.

Dated:   18th of November 2024

Workplace Relations Commission Adjudication Officer:  Gaye Cunningham

Key Words: