ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00052142

Parties:

	Complainant	Respondent
Parties	Dace Pamazane	Casindor Ltd trading as Lilly's Bar

Representatives

Self-represented

Unrepresented

Complaint:

Act	Complaint Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967	CA-00063588-001	21/05/2024
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967	CA-00063588-002	21/05/2024
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00063588-003	21/05/2024

Date of Adjudication Hearing: 21/10/2024

Workplace Relations Commission Adjudication Officer: Seamus Clinton

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 39 of the Redundancy Payments Acts 1967 - 2014following 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 and to present any evidence relevant to the complaints. The hearing was a remote hearing. The complainant, Ms Pamazane gave evidence under affirmation. There was no attendance by a representative of the respondent. I delayed the commencement of the hearing for fifteen minutes. There was no attendance on behalf of the respondent.

Background:

The respondent business closed on 18th February 2024. The complainant worked as a cleaner/kitchen porter from 2nd December 2019. She worked 20-25 hours and received gross wages of €350 per week. When the business closed, she did not receive a redundancy payment. She then made a complaint received by the Workplace Relations Commission on 21st May 2024.

Summary of Complainant’s Case:

The complainant gave evidence that the business closed without warning on 18th February 2024. She has been seeking a redundancy payment and payment for accrued holidays of 120 hours. She confirmed that she commenced employment on 2nd December 2019 and earned €350 gross per week. She put into evidence a letter from the company owner dated 19th June 2024. This communication requested her to drop the complaint to the WRC as a redundancy payment was being arranged.

At the end of her employment, she said she had accrued 120 hours of holidays which she was not paid.

Summary of Respondent’s Case:

There was no attendance by a representative of the company. I am satisfied that the respondent was on notice of the complaint to the WRC, arising from the correspondence of 19th June 2024, requesting the complainant to drop the complaint.

Findings and Conclusions:

CA-00063588-001 Redundancy Payment Complaint

There is clear evidence that the complainant was made redundant on 18th February 2024. Although she sought a redundancy payment, she has not received any payment. A representative from the respondent company met with the complainant and requested that she drop her WRC complaint even though no payment has been made to her.

I allow the complainant’s appeal and find that she is entitled to a statutory redundancy lump sum payment under the Redundancy Payments Acts 1967-2014 based on the following criteria:

-Date of commencement of employment 2nd December 2019

-Date of termination 18th February 2024

-Gross weekly wage €350.00

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

CA-00063588-002 Redundancy Payment Complaint (Statement of Affairs)

The complainant ticked this box on the WRC complaint form which refers to ‘Statement of Affairs’ (Redundancy Payment Act). I have no jurisdiction to adjudicate on this matter.

CA-00063588-003 Payment of Wages Complaint

I am satisfied from the uncontested testimony of the complainant that she had accumulated her statutory annual leave entitlement of 4 weeks’ pay. On the termination of her employment on 18th February 2024, the accrued holidays became payable as the definition of wages under the Act includes sums payable for holidays. I calculate this amount as €1,400.00 gross.

I decide that the complaint is well founded, and the respondent should pay the complainant gross wages of €1,400.00.

Decision:

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.

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.