ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00038247
Parties:
| Complainant | Respondent |
Parties | Megan O'Keeffe | Rija Ltd. Trading as Gulp Coffee |
Representatives | Self-Represented | Timothy Smyth of Timothy Smyth Solicitors |
Complaint(s):
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-00049604-002 | 11/04/2022 |
Date of Adjudication Hearing: 22/11/2022
Workplace Relations Commission Adjudication Officer: Christina Ryan
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
This matter was heard by way of remote hearing on the 22nd November 2022 pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and S.I. 359/2020, which designated the WRC as a body empowered to hold remote hearings.
At the adjudication hearing the parties were advised that in accordance with the Workplace Relations (Miscellaneous Provisions) Act 2021 hearings before the Workplace Relations Commission are now held in public and, in most cases decisions are not anonymised.
The parties were also advised that the Workplace Relations (Miscellaneous Provisions) Act 2021 grants Adjudication Officers the power to administer an oath or affirmation. All participants affirmed their intention to tell the truth.
I allowed the right to test the oral evidence presented by cross-examination.
The parties are named in the heading of the decision. For ease of reference, for the remainder of the document I will refer to Megan O’Keeffe as “the Complainant” and Rija Ltd as “the Respondent”.
The Complainant attended the hearing without representation but was accompanied by her father John O’Keeffe. Ms. Riona Gilroy of the Respondent company attended the hearing. The Respondent was represented by Timothy Smyth of Timothy Smyth Solicitors.
Background:
The Complainant was employed by the Respondent as a Barista from the 17th November 2021 until her employment was terminated on the 7thApril 2022. The Complainant was paid on average €274.00 gross per week. On the 11th April 2022 the Complainant raised a complaint that she did not receive her statutory minimum notice on the termination of employment or payment in lieu thereof. The Complaint sought adjudication under Section 12 of the Minimum Notice & Terms of Employment Act, 1973. On the 19th April 2022 the Complainant was paid her statutory minimum notice. At the commencement of the hearing the Complainant withdrew her complaint under the Minimum Notice & Terms of Employment Act 1973. |
Summary of Complainant’s Case:
At the commencement of the hearing the Complainant stated that after lodging her complaint with the Workplace Relations Commission on the 11th April 2022 she was paid her statutory minimum notice on the 19th April 2022 and that she was withdrawing her complaint under the Minimum Notice & Terms of Employment Act 1973. |
Summary of Respondent’s Case:
The Respondent submitted that that the Complainant received pay in lieu of notice. |
Findings and Conclusions:
This complaint was withdrawn at the hearing. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
This complaint was withdrawn at the hearing. |
Dated: 24th February 2025
Workplace Relations Commission Adjudication Officer: Christina Ryan
Key Words:
Minimum Notice |