ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00001733
Complaint(s)/Dispute(s) for Resolution:
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-00002345-001 | 02/02/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00002345-002 | 02/02/2016 |
Date of Adjudication Hearing: 26/04/2016
Workplace Relations Commission Adjudication Officer: Joe Donnelly
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015 following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
Complainant’s Submission and Presentation:
I was made redundant from my job in which I worked for the past 6.5 years. My employer gave me no notice of termination, no redundancy payment was made and I received no holiday payment that I was due. My fellow employees and I only found out about the shop closing when perspective new owners were shown around. I have sent the respondent the RP77 form but he made no reply what so ever. |
I was made redundant from my job in which I worked for the past 6.5 years. My employer gave me no notice of termination, no redundancy payment was made and I received no holiday payment that I was due. My fellow employees and I only found out about the shop closing when perspective new owners were shown around. I have sent the respondent the RP77 form but he made no reply what so ever. |
Respondent’s Submission and Presentation:
No Appearance
Decision:
Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
Issues for Decision:
Complaint CA-00002345-001: Is the complainant due a payment in lieu of notice under The Payment of Wages Act 1991.
Complaint CA-00002345-002: Is the complainant due a payment in respect of holidays under The Organisation of Working Time Act 1997
Legislation involved and requirements of legislation:
The Payment of Wages Act 1991 defines wages thus: “means any sums payable to the employee by the employer in connection with his employment, including….(b) any sum payable to the employee upon the termination by the employer of his contract of employment without his having given to the employee the appropriate prior notice of the termination, being a sum paid in lieu of notice.”
The requirement is for the employer to pay the employee the notice due to them if they have not received formal notice of the termination of their employment.
The Organisation of Working Time Act 1997 states: Section 23(1)(a) “Where – (i) an employee ceases to be employed, and (ii) the whole or any portion of the annual leave in respect of the relevant period remains to be granted to the employee, the employee shall, as compensation for the loss of that annual leave, be paid by his or her employer an amount equal to the pay….that he or she would have received had he or she been granted that annual leave.”
An employer is required, on the cessation of employment, to pay any outstanding payment due in relation to holidays earned in the relevant period but not taken.
Decision:
The complainant gave evidence that she was employed as a cook in a restaurant owned and operated by the respondent. She commenced employment on 16th April 2009 and worked 16 hours per week for a gross weekly wage of €171.20. Her employment terminated without notice on 30th October 2015. The complainant had not taken holidays in the current year. All attempts to contact the owner had failed. There was no appearance by the respondent.
Based on the above I make the following decisions:
Complaint CA-00002345-001:
I find this complaint to be well founded and order the respondent to pay the complainant the sum of €684.80.
Complaint CA-00002345-002:
I find this complaint to be well founded and order the respondent to pay to the complainant the sum of €410.88.
Dated: 29th July 2016