Complainant

Respondent

Parties

Thomas Reid

Hales Freight

Representatives

Jane Reid, Spouse

 Company Manager

Act

Complaint/Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991

CA-00059038-001

26/09/2023

Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997

CA-00059038-002

26/09/2023

Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991

CA-00059038-003

26/09/2023

The Complainant was employed by the Respondent as a Business Development Manager. Employment commenced on 12th July 2023 and ended on 22nd September 2023.

This complaint was received by the Workplace Relations Commission on 26th September 2023.

CA – 00059038 – 001. A complaint submitted under section 6 of the Payment of Wages Act 1991.

The Complainant has stated that he is due a ‘back week’ and has been told by his employer that he will not be receiving his back after handing in his resignation.

This complaint was withdrawn by the Complainant’s representative on 4th October 2023.

CA – 00059038 – 002. A complaint submitted under section 27 of the Organisation of Working Time Act, 1997.

The Complainant has stated that he was informed by his employer that he would not be paid for outstanding holidays after he tendered his resignation.

CA – 00059038 – 003. A complaint submitted under section 6 of the Payment of Wages Act 1991.

The Complainant contends that he was not paid his one months’ notice after he handed in his resignation.

1.      Thomas never worked a back week. He was paid in full for his final weeks work.

This complaint was withdrawn by the Complainant’s representative on 4th October 2023.

2.      Entitled to holidays 26.06 to 22.09 which is 4.79 days.

Holidays took was the 19th / 20th and 21st September.

Thomas was also paid in full for 2 days in which his mother-in-law sadly passed away.

He was also paid for 2 half days visits in which he went to hospital to visit her.

3.      I received a phone call on the Friday 22nd September at about 3.00pm that afternoon letting me know that he was leaving to go to another job for €20k more salary. He left the office that afternoon leaving the car keys and phone on his desk. I received no email or any letter in the post about his resignation whatsoever.

CA – 00059038 – 001. A complaint submitted under section 6 of the Payment of Wages Act 1991.

The Complainant contends that he was not paid for his final weeks pay. The Respondent operates on a back week basis (weekly in arrears) and according to the Complainant he is due his final weeks wages. This amounts to a gross weekly payment of €1,250.00.

This complaint was withdrawn by the Complainant’s representative  on 4th October 2023.

CA – 00059038 – 002. A complaint submitted under section 27 of the Organisation of Working Time Act, 1997.

The Complainant has stated that he was informed by his employer that he would not be paid for outstanding holidays after he resigned.

The Complainant contends that he is due a payment of €750 representing three days of annual leave.

CA – 00059038 – 003. A complaint submitted under section 6 of the Payment of Wages Act 1991.

The Complainant contends that he was not paid his one months’ notice after he handed in his resignation.

The Complainant contends that when he resigned, he was willing to work one months’ notice as stipulated in his contract of employment. The Respondent told him to leave the office at once.

In considering these complaints I find in favour of the Complainant for the following reasons:

CA – 00059038 – 001. A complaint submitted under section 6 of the Payment of Wages Act 1991.

This complaint was withdrawn by the Complainant’s representative on 4th October 2023.

CA – 00059038 – 002. A complaint submitted under section 27 of the Organisation of Working Time Act, 1997.

The Complainant has stated that he was informed by his employer that he would not be paid for outstanding holidays after he resigned.

Section 23 of the Organisation of Working Time Act 1997 reads as follows:

Where –

a)     An employee ceases to be employed, and

b)     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 now order the Respondent to pay a gross payment of €750 to the Complainant in lieu of this outstanding annual leave.

CA – 00059038 – 003. A complaint submitted under section 6 of the Payment of Wages Act 1991.

The Complainant contends that he was not paid his one months’ notice after he handed in his resignation.

The Complainant contends that when he resigned, he was willing to work one months’ notice as stipulated in his contract of employment. The Respondent told him to leave the office at once.

Section 9 of the contract of employment deals with notice and reads as follows:

Except in circumstances justifying immediate termination of your employment by the company you will be entitled to receive the appropriate period of notice set down in the minimum notice and terms of current employment Acts. This is one month on either termination or request by employee to leave.

I find that the Complainant is entitled to be paid one month in lieu of notice. This amounts to a gross payment of €5,000.00 (4 weeks’ pay at €1,250.00 per week).

All monies awarded to the Complainant should be paid within 42 days from the date of this decision.

Please see above.