ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00001756
Complaints for Resolution:
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-00002479-001 | 04/02/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00002479-002 | 04/02/2016 |
Venue: WRC Tom Johnson House, Haddington Rd, Dublin 4.
Date of Adjudication Hearing: 06/05/2016
Workplace Relations Commission Adjudication Officer: Eugene Hanly
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015 [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.
Background
The Complainant was employed as Manager of Student Services from August 2008 to 3rd November 2014. He was paid €2,666.67gross per month and €2,185.10 net. He has claimed that he is owed wages; holiday pay and minimum notice also he did not get statutory redundancy.
1) CA-00002479-001 Redundancy Payments Acts Complainant’s Submission and Presentation: |
He stated that the business closed on 3rd November 2014. The Managing Director worked with the staff on having the business placed into liquidation. He advised them that a Liquidator would secure all their monies and redundancy payments once they were appointed. He kept promising that a liquidator would be appointed but it never happened. Ultimately they were told in early November 2015 that they would not be placed into liquidation. They had offered to chip in and pay for the liquidation but this did not happen. The Accountant/Liquidator that they spoke to advised them in early November to make claims to the WRC |
It was then that the Complainant took action to secure the monies owed. He is claiming his entitlement to statutory redundancy.
Respondent’s Submission and Presentation:
The Respondent did not attend and was not represented.
Findings
I have decided to extend the time limit as I find that the Complainant made valiant attempts to secure his monies through a liquidation process.
Based on the uncontested evidence before this hearing I find that the Complainant did not receive statutory redundancy when his employment ended due to the closure of this business.
I find that he is entitled to statutory redundancy as per the Redundancy Payments Acts.
Decision:
Section 41(4) 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 and under Section 39 of the Redundancy Payments Act, 1967
I have decided that he is entitled to statutory redundancy as per the Redundancy Payments Acts.
CA 00002479-002 Payment of Wages Act
Complainant’s Submission and Presentation:
See above No 1 for the reasons for not applying sooner and when the actual contravention occurred.
He stated that the business closed on 3rd November 2014. He has claimed that it was not until early November 2015 that he knew that his wages would not be paid. He has claimed €4,370.21 in respect of his last two months wages, €2,133.33 in holiday pay and €2,185.10 in minimum notice. The total amount claimed is €8,688.64.
Respondent’s Submission and Presentation:
The Respondent did not attend and was not represented.
Findings
I note the difficult circumstances surrounding the closure of this business.
Based on uncontested evidence before this hearing I accept the Complainant’s evidence that the date when he knew for certain that his former employer would not get him his monies owed was early November 2015. Therefore I find that the claim was in time.
I find that he is owed the following as claimed €4,370.21 in respect of his last two months wages, €2,133.33 in holiday pay and €2,461.54 in minimum notice (not €2,185.10as claimed).
The total amount due is €8,965.08 gross.
Sec 6(2) of the Act states, “the commissioner shall order the employer to pay to the employee compensation of such an amount … not exceeding (a) the net amount of wages”.
Based on information provided on the claim form I find that €8,965.08 gross equates to €7,351.36 net.
Decision:
Section 41(4) 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 and under section 6 of the Payment of Wages Act, 1991
I have decided that the employer has contravened Sec 5 of the Act.
As per Sec 6 (2) I have decided that the claim is well founded and I order the Respondent to pay the Complainant €7,351.36 within six weeks of the date below.
Dated: 28th July 2016