ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00051782
Parties:
| Complainant | Respondent |
Parties | Conor Rock | Baker Street Productions Ltd now in Liquidation with KPMG |
| Complainant | Respondent |
Representatives | Self-Represented | Ian Barrett of KPMG |
Complaints:
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-00063405-001 | 10/05/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00063405-002 | 10/05/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00063405-003 | 10/05/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00063405-004 | 10/05/2024 |
Date of Adjudication Hearing: 10/07/2024
Workplace Relations Commission Adjudication Officer: Michael McEntee
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015; Section 39 of the Redundancy Payments Act, 1967 ; Section 12 of the Minimum Notice & Terms of Employment Act, 1973 and Section 6 of the Payment of Wages Act, 1991 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.
In deference to the Supreme Court ruling, Zalewski v Ireland and the WRC [2021] IESC 24 on the 6th of April 2021 the Parties were informed in advance that the Hearing would normally be in Public, Testimony under Affirmation or Affirmation would be required and full cross examination of all witnesses would be provided for.
The required Oath / Affirmation was administered to all witnesses present. The legal peril of committing Perjury was explained to all parties.
No issue regarding confidentiality arose.
Background:
The issues in contention concerned the closure of a Bakery Company. The Complainant was employed as a Baker at the Company from 15th September 2020 to the closure date of the 7th May 2024. The Complainant alleged that the Closure was without notice. He was left with none of his statutory entitlements and owed a week’s wages.
A rate of pay of € 568.12 was stated by the Liquidator for a 40-hour week.
The Liquidator from KPMG attended the Hearing and stated that all proper paperwork had been completed for the Employers Insolvency Fund.
A pro forma WRC decision was required.
|
1: Summary of Complainant’s Case:
On the abrupt closure of the Employer on the 7th May 2024 the following was the position.
|
2: Summary of Respondent’s Case:
CA-00063405-001, 00063405-002, 00063405-003, 00063405-004 The Liquidator, KPMG, accepted responsibility for the statutory complaints and had processed the required paperwork with the Department of Social protection under the Insolvency Fund. Payment to the Complainant was anticipated in the near future. |
3: Findings and Conclusions:
|
4: Decision:
Section 41 of the Workplace Relations Act 2015; Section 39 of the Redundancy Payments Act, 1967; Section 12 of the Minimum Notice & Terms of Employment Act, 1973 and 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 of the cited Acts.
Act | Complaint/Dispute Reference No. | Summary |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00063405-001 | Statutory Redundancy as set out in the KPMG submission – € 4,715.40 is due to the Complainant. Employment start date of 14/09/2020. End date 08/05/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00063405-002 | 2 Weeks Minimum notice due to the Complainant. KPMG Liquidator Figure is €1,136.25 and is due. |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00063405-003 | Copy of CA-00063405-002 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00063405-004 | Standard Holiday Pay of 14.25 days equals € 1,619.14 is due to the Complainant. No reckonable Public Holidays in the period. Arrears of Wages –due to the Complainant – € 454.5 To be paid. |
Dated: 06-09-2024
Workplace Relations Commission Adjudication Officer: Michael McEntee
Key Words:
Redundancy, Holiday Pay, Minimum Notice.
|