ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00008688
Parties:
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Complainant |
Respondent |
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Anonymised Parties |
An Operative |
A Food Manufacturer |
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Representatives |
Self-Represented |
Did not appear. |
Complaint(s):
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Act |
Complaint/Dispute Reference No. |
Date of Receipt |
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Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 |
CA-00012585-001 |
17/07/2017 |
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Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 |
CA-00011519-001 |
23/05/2017 |
Date of Adjudication Hearing: 09/10/2017
Workplace Relations Commission Adjudication Officer: Michael McEntee
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015, Section 6 of the Payment of Wages Act, 1991 and Section 27 of the Organisation of Working Time Act, 1997 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).
1: Summary of Complainant’s Case:
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1:1 Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 CA-00012585-001 The Complainant alleged that he did not receive the proper Minimum Notice payment. 1:2 Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 CA-00011519-001 The Complainant alleged that he was due an outstanding amount of 100 hours holidays. |
2: Summary of Respondent’s Case:
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The Respondent did not appear at the hearing. An E mail had been received on the 20th June 2017 stating that the “Company was currently trying to organise finances to pay outstanding holiday pay”. None the less by the date of the Hearing the Complainant maintained that his claim had not been resolved. No evidence was available to support the Respondent’s case. I was satisfied that proper notice of the Hearing had been served on the Respondent. The Respondent had communicated from a Co. Kildare address in June (the place of work of the Complainants) and no notification of an alternative or forwarding address was received. |
3: Findings and Conclusions:
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In the absence of the Respondent I had to rely on the Complainant’s evidence. I considered the Complainant to be credible. 3: `1 CA-00012585-001 - Minimum notice I award the statutory amount of four weeks pay (the Complainant having been employed since 2009). As the Complainant maintained that he was paid €365 per week this amounts to a figure of €1,460. 3:2 CA-00011519-001 – Holiday Pay The Complainant maintained that he was due 100 hours holidays. Based on his credibility as a witness I award 100 hours holiday pay. At €9.50 per hour this amounts to an award of €950
3:3 Taxation of Awards The taxation of the awards made above is a matter on which the advice of the Revenue Commissioners should be sought before any payments are made.
The awards to be paid within four weeks of the date of issue of this Adjudication.
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4: Decision:
Section 41 of the Workplace Relations Act 2015, Section 6 of the Payment of Wages Act, 1991 and Section 27 of the Organisation of Working Time Act, 1997 require that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions of the cited Acts.
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Dated: 5th December 2017
Workplace Relations Commission Adjudication Officer: Michael McEntee
Key Words: