ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00019129

Parties:

	Complainant	Respondent
Anonymised Parties	A Shop Worker	A Retail Shop

Complaint(s):

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-00024942-001	11/01/2019
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973	CA-00024942-002	11/01/2019
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00024942-003	11/01/2019
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00024942-004	11/01/2019
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994	CA-00024942-005	11/01/2019

Date of Adjudication Hearing: 26/02/2019

Workplace Relations Commission Adjudication Officer: Michael McEntee

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015; Section 39 of the Redundancy Payments Act, 1967 ; Section 11 of the Minimum Notice & Terms of Employment Act, 1973; Section 6 of the Payment of Wages Act, 1991; Section 27 of the Organisation of Working Time Act, 1997 and Section 7 of the Terms of Employment (Information) Act, 1994 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).

Background:

The issues in contention concern a Retail Shop Worker who is claiming Redundancy, Notice Pay, Holiday Pay and Outstanding Wages from a Retail Shop that, allegedly, closed overnight.

1: Summary of Complainant’s Case:

Act	Complaint/Dispute Reference No.	Summary Complaint
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967	CA-00024942-001	No Redundancy paid
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973	CA-00024942-002	No Notice paid
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00024942-003	One week’s wages unpaid / outstanding at date of closure.
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00024942-004	Outstanding Holidays at date of closure due
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994	CA-00024942-005	No written Contract or T&Cs of Employment ever provided.

2: Summary of Respondent’s Case:

Did not attend the Hearing and no evidence provided.

3: Findings and Conclusions:

Having considered carefully extensive written material and heard detailed oral evidence from the Complainant I came to the conclusions set out below. I was happy that the Respondent had been on notice of the Hearing. CRO Address checked.

Act	Complaint/Dispute Reference No.	Summary Conclusions / Decision
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967	CA-00024942-001 No Redundancy paid	Statutory Redundancy due from 02/09/2013 (start date) to 31/08/2018 (end date) The weekly wage was €250. Calculation as per the Dept of Social Protection regulations.
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973	CA-00024942-002 No Notice paid	Four (4) weeks Legal minimum notice due at €250 per week. €1,000 awarded to Complainant
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00024942-003 One week’s wages unpaid /outstanding at date of closure	Three (3) days wages outstanding - €150 due. €150 awarded to Complainant
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00024942-004 Outstanding Holidays at date of closure due	On calculated Complainant information 36.7 hours Holiday pay is outstanding. € 350 awarded to Complainant
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994	CA-00024942-005 No written Contract or T&Cs of Employment ever provided.	From Complainant evidence it appeared on the Balance of Probability that no formal T & Cs or Contract was ever provided. A Compensation award of €250 is made in favour of the Complainant.

4: Decision:

Section 41 of the Workplace Relations Act 2015; Section 39 of the Redundancy Payments Act, 1967 ; Section 11 of the Minimum Notice & Terms of Employment Act, 1973; Section 6 of the Payment of Wages Act, 1991; Section 27 of the Organisation of Working Time Act, 1997 and Section 7 of the Terms of Employment (Information) Act, 1994 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions of the cited Acts

Act	Complaint/Dispute Reference No.	Formal Legal Adjudication Decision.
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967	CA-00024942-001 No Redundancy paid	Statutory Redundancy is to be paid to the Complainant. Statutory Redundancy due from 02/09/2013 (start date) to 31/08/2018 (end date) The weekly wage was €250. Calculation as per the Dept of Social Protection regulations.
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973	CA-00024942-002 No Notice paid	€1,000 Notice Pay awarded to Complainant for (Four (4) weeks at €250 per week.)
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00024942-003 One week’s wages unpaid /outstanding at date of closure	Three (3) days wages outstanding - €150 due. €150 awarded to Complainant
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00024942-004 Outstanding Holidays at date of closure due	On calculated Complainant information 36.7 hours Holiday pay is outstanding. € 350 awarded to Complainant
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994	CA-00024942-005 No written Contract or T&Cs of Employment ever provided.	From Complainant evidence it appeared on the Balance of Probability that no formal T & Cs or Contract was ever provided. A Compensation award of €250 is made in favour of the Complainant.

Dated: 2nd May 2019

Workplace Relations Commission Adjudication Officer: Michael McEntee

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