ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00054481

Parties:

	Complainant	Respondent
Parties	Leona Erangey	David Gaffney t/a Gaffney Solicitors

Representatives

Self-represented

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-00065629-001	27/08/2024
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967	CA-00065629-002	27/08/2024
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967	CA-00065629-003	27/08/2024
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00065629-004	27/08/2024
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00065629-005	27/08/2024

Date of Adjudication Hearing: 28/11/2024

Workplace Relations Commission Adjudication Officer: Gaye Cunningham

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 39 of the Redundancy Payments Act 1967 and Section 6 of the Payment of Wages Act 1991following 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.

Background:

The Complainant seeks a statutory redundancy payment and redress for unpaid wages at the end of her employment.

Summary of Complainant’s Case:

The Complainant was employed by the Respondent as a Secretary from 21 October 2021 to 8 May 2024. She was informed by the Respondent in late April 2024 that her employment was to be transferred to another solicitor. However, this did not materialise and despite many reminders that she issued to the Respondent, he failed to pay her a statutory redundancy payment, payment of wages for the last 5 days of her employment and compensation for annual leave accrued at the end of her employment. She did receive some payment but not for the full amount owing and including a back month worked at the beginning of her employment. She earned €1,750 per month.

Summary of Respondent’s Case:

The Respondent does not dispute the redundancy. He confirmed that he was insolvent and had a statement from his Accountants confirming the situation.

Findings and Conclusions:

CA-00065629-001 Redundancy Payments Act 1967

There is no dispute that the Complainant was made redundant on 8 May 2024, having been in insurable employment with the Respondent since 21 October 2021. I find the complaint to be well founded.

CA-00065629-002 Redundancy Payments Act 1967

This is a duplicate of CA-00065629-001. The complaint is well founded.

CA-00065629-003 Redundancy Payments Act 1967

This is a duplicate of CA-00065629-001 and CA-00065629-002. The complaint is well founded.

CA-00065629-004 Payment of Wages Act 1991

The Complainant claims the following sums were unpaid:

€2,500 month in hand arrears of pay

€729.05 payment of 5 days wages in last week of employment

€1,458.10 payment for annual leave accrued.

Total: €4,687.15

I find the complaint to be well founded.

CA-00065629-005 Payment of Wages Act 1991

The complaint is that the Respondent failed to pay to the Complainant 2 weeks minimum notice. The Complainant confirmed this element of pay was paid. I find the complaint to be not well founded.

Decision:

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.

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 6 of the Payment of Wages Act 1991 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions of that Act.

CA-00065629-001 Redundancy Payments Act 1967

I have decided that the complaint under the Redundancy Payments Act 1967 is well-founded and that the complainant is entitled to a redundancy payment based on the following criteria:

Date of Commencement: 21 October 2021

Date of Termination: 8 May 2024

Gross Weekly Pay: €437.50

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