Adjudication Reference: ADJ-00051563
Parties:
| Complainant | Respondent |
Parties | Paul Marshall | M.J. Flanagan |
Representatives | Self-represented | Brendan Whittle |
Complaints:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00062074-001 | 06/03/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00062074-002 | 06/03/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00062074-003 | 06/03/2024 |
Date of Adjudication Hearing: 09/10/2024
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Procedure:
In accordance with Section 41 of the Workplace Relations Act, Section 12 of the Minimum Notice & Terms of Employment Act 1973, 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.
Background:
The Complainant seeks his statutory entitlements to minimum notice and compensation for annual leave accrued and not taken on cessation of his employment.
Summary of Complainant’s Case:
The Complainant was employed by the Respondent from in or around 16th February 1972 to 16th February 2024 when the business closed. At that point having some fifty two years service, he was entitled to the maximum notice as provided for in the Minimum Notice & Terms of Employment Act. He had also accrued 6 weeks annual leave for which payment was not received at the end of his employment. His average pay was €430 per week.
Summary of Respondent’s Case:
The Respondent did not contest the claims but had no funds in which to pay the Complainant.
Findings and Conclusions:
CA-00062074-001 Minimum Notice & Terms of Employment Act 1973
Section 4 (2) (e) of the Act provides that an employer shall give a minimum period of notice to terminate the contract of employment of the employee who has been in the employment for fifteen years or more or eight weeks. In this instant case, it is uncontested that the business closed and the minimum notice period was not observed. The complaint is well founded.
CA-00062074-002 Payment of Wages Act 1991
The claim here is for payment of minimum notice.
The definition of wages as contained in the Act includes:
any sum payable to the employee upon the termination by the employer of his contract of employment without his having given to the employee the appropriate prior notice of the termination, being a sum paid in lieu of the giving of such notice
The Complainant was entitled to payment of eight weeks wages for minimum notice. I find the complaint to be well founded and I require the Respondent to pay to the Complainant the sum of €3,440.
CA-00062074-003 Organisation of Working Time Act 1997
The claim is that the Complainant had accrued eight weeks annual leave which was not compensated for on cessation of his employment.
Section 23 (1) (a) of the Act provides:
| Where – (i) an employee ceases to be employed, and |
(ii) 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 €2,580.
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-00062074-001 Minimum Notice & Terms of Employment Act 1973
I have decided that the complaint is well founded.
CA-00062074-002 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 sum of €3,440.
CA-00062074-003 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 €2,580.
Dated: 21/10/2024
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Key Words:
Minimum notice, payment for annual leave on cessation of employment. |