ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00002326
Complaint(s)/Dispute(s) 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-00003094-001 | 08/03/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00003094-002 | 08/03/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00003094-003 | 08/03/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00003094-004 | 08/03/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00003094-005 already covered at 001 | 08/03/2016 |
Date of Adjudication Hearing: 20/04/2016
Workplace Relations Commission Adjudication Officer: Jim O'Connell
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:
Redundancy
I started working on the 27th July 2012 with the respondent at the above address as a Waiter. I worked a minimum of 20 hours per week 10 euros per hour. I collected my wages and was given a P45 dated the 10/01/2016. I am claiming my redundancy In accordance with section 39 of the Redundancy Payment Act 1967
Findings
The respondent did not attend
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.
Based on the uncontested evidence I find the claim to be well founded and I award the claimant Redundancy payment according to his service of 3 years 168 days equal to 7.92 weeks @€200 per week redundancy pay of €1584.00.
Organisation of Working time Act 1997
I did not receive my annual leave holiday entitlements during my employment.
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.
Based on the uncontested evidence I award the claimant €600 for holiday pay and €500 in compensation for breach of section 19 of the Act
Minimum Notice and Terms of Employment 1973
I was given my P45 on the 10/01/2016 when I collected my wages and was given no notice whatsoever.
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.
Based on the uncontested evidence I award the claimant 2 weeks notice €360 net.
Terms of Employment (Information) Act 1994
I did not receive a contract of employment
A contract of employment must be provided to an employee within 2 months of commencing employment.
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.
Based on the uncontested evidence I award the claimant €400 in compensation
Date: 14th July 2016