ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00047965
Parties:
| Complainant | Respondent |
Parties | Marzena Brychcy | Lough Lacken Trading Subway Sandwiches |
Representatives | Deirdre Canty SIPTU |
|
Complaint(s):
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-00058996-001 | 25/09/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00058996-002 | 25/09/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00058996-003 | 25/09/2023 |
Date of Adjudication Hearing: 12/07/2024
Workplace Relations Commission Adjudication Officer: Niamh O'Carroll
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 39 of the Redundancy Payments Acts 1967following 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 complaint.
Background:
The Complainant was made redundant however she was not paid her redundancy, minimum notice or holiday pay. The Respondent did not appear for the hearing.
|
Summary of Complainant’s Case:
The Complainant commenced working for the Respondent on the 23.11.2007. She went on Maternity leave on the 29.08.2022. When she was due to return 30.04.2023, the owner told her that the business had ceased trading and she was entitled to redundancy, but he didn’t have the money to pay it to her. Her employment ended on the 30.04.2023. She was earning €480 per week gross. Her employer gave her no documentation in relation to her termination. She was not paid public holidays when out on maternity leave. She was not paid minimum notice either. |
Summary of Respondent’s Case:
There was no appearance for or on behalf of the Respondent in this matter. Having checked the case file, I am satisfied that the Respondent was on notice of the time, date and venue for the hearing. |
Findings and Conclusions:
CA-00058996-001. The Complainant commenced working for the Respondent on the 23.11.2007. Her employment ended on the 30.04.2023 when the Company ceased trading. She was earning €480.00 gross per week at that time. The Complainant is entitled to redundancy on the following basis: Commencement date: 23.11.2007 Termination date: 30.04.2023. Gross Salary: € 480.00 per week. CA- 00058996 -002 The Complainant gave evidence that she was entitled to be paid for her public holidays and annual leave whilst she was on maternity leave, but she received nothing. She was unable to give any evidence in relation to the dates or amounts she alleged she was entitled to. She was given an opportunity to provide evidence to the WRC on the day of the hearing and post hearing. She was written to on the 13th September 2024 reminding her to provide details of the claim. No details were ever submitted. On that basis I find that the complaint is not well founded and accordingly fails. CA-00058996-003 The Complainant gave evidence that when her employment was terminated, she was not paid her minimum notice. The Respondent told her that he didn’t have any money to pay her. She was employed from the 23.11.2007 to 30.04.2023. As the Complainant was employed for more that fifteen years and pursuant to Section 4 (2)( e) of the Minimum Notice and Terms of Employment Act, 1973 she is entitled to eight weeks’ notice amounting to €3,840.00. |
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.
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.
CA 00058996 – 001 The complaint is well founded. The Complainant is entitled to redundancy, in the terms as set out above. CA 00058996 – 002 The complaint is not well founded and accordingly fails. CA 00058996 -003 The complaint is well founded. The Complainant is entitled to be paid € 3,840.00 |
Dated: 27/03/2025
Workplace Relations Commission Adjudication Officer: Niamh O'Carroll
Key Words:
Redundancy. Minimum Notice, Holiday Pay. Annual Leave |