ADJUDICATION OFFICER DECISION

 

Adjudication Reference:  ADJ-00033872

Parties:

	Complainant	Respondent
Parties	Marc  Collins	Rye River Extentions Ltd

 

	Complainant	Respondent
Representatives	Self-Represented	W. Parkes, Solicitor and Company Management

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-00044431-001	01/06/2021

 

Date of Adjudication Hearing:  04/10/2021

Workplace Relations Commission Adjudication Officer:  Michael McEntee

Procedure:

In accordance with Section 41 of the Workplace Relations Act and Section 12 of the Minimum Notice & Terms of Employment Act, 1973 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 complaint.

 

This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and SI 359/20206, which designates the WRC as a body empowered to hold remote hearings.

 

In deference to the Supreme Court ruling, Zalewski v Ireland and the WRC [2021] IESC 24 on the 6th April 2021 the Parties were informed in advance that the Hearing would be in Public, Testimony under Oath would be required, and full cross examination of all witnesses would be provided for.

 

The required Oath/Affirmation was administered to all witnesses.

 

The Covid 19 situation occasioned a delay in finalising the Adjudication decision.

 

Opening legal Issues /Jurisdiction of Adjudication officer.

 

In opening discussions between the Parties, it was acknowledged that the Employment had not ended and was still active. The Company was anxious to resume full time work, but the Construction Sector/ Home Renovations /Extensions business was very slow at present. The Employee was still on the books but on the PUP payment.

 

He had never been dismissed or had his employment ended in any fashion. The Company was anxious to have him back as soon as available work allowed.

 

Accordingly, a claim, which requires an ending of employment, under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 can have no standing.

 

This was accepted by all Parties present.

Background:

The issue in dispute concerns the alleged non-payment of Statutory Minimum Notice to the Complainant.   The employment as a General Operative was in the Construction Sector and began in July 2017. The Gross Pay was €404 for a 40 Hour week.

Findings and Conclusions:

As the employment never ended the complaint under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 can have no legal standing. It is deemed to be Not Well Founded.

Decision:

Section 41 of the Workplace Relations Act 2015 and Section 12 of the Minimum Notice & Terms of Employment Act, 1973 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions of the cited Acts.

Complaint CA-00044431-001 is deemed to be Not Well Founded.

Dated:   16th December 2021

Workplace Relations Commission Adjudication Officer:  Michael McEntee

Key Words:

Minimum Notice, Covid 19, Ending of Employment requirement.