ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00053437
Parties:
| Complainant | Respondent |
Parties | Ciara Marie Geraghty | Lombre / HB Expert Ltd / (Employer Reg No 9844655n) t/a L’Ombre Swan Centre, Rathmines but later trading as Salons Expert Ltd (Reg No 3598416CH.) It is now believed that HB Expert Ltd is in liquidation. Liquidator is FM Accountants, Carrick House, 49 Fitzwilliam Square, Dublin 2 |
Representatives | Self-Represented | Did not attend Hearing. |
Complaints:
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-00065306-001 | 01/08/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00065306-002 | 01/08/2024 |
Date of Adjudication Hearing: 05/11/2024
Workplace Relations Commission Adjudication Officer: Michael McEntee
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015; 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.
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 Oath 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 complaints concern an allegation by the Complainant, a Beauty Therapist, of non-payment of Wages and outstanding Annual leave balance on the ending of the employment.
The employment commenced on the 31st July 2023 and ended on the 14th June 2024. It appears that the initial employer was Lombre / HB Expert Ltd / Employer Reg No 9844655n (now in liquidation). Business transferred to Salons Expert Ltd, Reg No 3598416CH.
The rate of pay was stated (by the Complainant) to have been €448 Gross for a 32-hour week.
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1: Summary of Complainant’s Case:
1:1 CA-00065306-001 Payment of Wages Act,1991 The Complainant gave her Notice of Resignation on the 7th June 2024. In a discussion with the Regional Manager, she was assured that she would be paid outstanding Holiday Pay of €642.88 in addition to an ex-gratia extra week’s wage of approximately €448.00. To the date of the Hearing neither had been paid. The situation was made very complicated for the Complainant by the apparent Liquidation of her first Employer, Lombre / HB Expert Ltd / Employer Reg No 9844655n. The business appeared to have transferred seamlessly to Salons Expert Ltd / Reg No 3598416CH. Nonetheless the Holiday Pay liability (€ 642.88) is with the first employer - HB Expert Ltd, Employer Reg No 9844655n. The Liquidator is FM Accountants, Carrick House, 49 Fitzwilliam Square, Dublin 2 1:2 CA-00065306-002 Organisation of Working Time Act,1998 This specific complaint is regarding the outstanding Holiday Pay, as detailed above, and is a duplication of CA-00065306-002 |
2: Summary of Respondent’s Case:
The Respondent or the Liquidator did not appear. The Principal Owner / Respondent Manager was clearly and properly notified of the date, time and place of the Hearing. No evidence either Oral or Written was presented. |
3: Findings and Conclusions:
3:1 CA-00065306-001 Payment of Wages Act,1991 & CA-00065306-002 Organisation of Working Time Act,1998. The Complainant gave Sworn evidence supported by a contract of employment and pay slips. Even allowing for considerable confusion over the correct employer it is decided, on the basis of the sworn evidence of the Complainant and her supporting documentation , that HB Expert Ltd Employer Reg No 9844655n (now in liquidation - Liquidator is FM Accountants, Carrick House, 49 Fitzwilliam Square, Dublin 2) is liable for € 642.88 Holiday Pay in addition to an ex-gratia extra week’s wages of approximately €448.00.
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4: Decision:
Section 41 of the Workplace Relations Act 2015, Section 6 of the Payment of Wages Act, 1991 and Section 27 of the Organisation of Working Time Act, 1997 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions of the cited Acts.
4:1 CA-00065306-001 Payment of Wages Act,1991
Following Section 6 of the Act, a payment of € 642.88 Holiday Pay in addition to an ex-gratia extra week’s wage of approximately €448.00 is due to the Complainant
4:2 CA -00065306-002 Organisation of Working Time Act,1998
This is a duplication of CA- CA-00065306-001 above. No award is made under this Heading.
Dated: 13-01-25
Workplace Relations Commission Adjudication Officer: Michael McEntee
Key Words:
Payment of Wages, Organisation of Working Time, Outstanding Holidays. |