ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00023885
Parties:
| Complainant | Respondent |
Anonymised Parties | An Employee | A Mink Farm |
Representatives | In person | No appearance |
Complaint(s):
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-00030454-001 | 23/08/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00030454-002 | 23/08/2019 |
Date of Adjudication Hearing: 22/01/2020
Workplace Relations Commission Adjudication Officer: Emile Daly
Procedure:
In accordance with Section 41 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).
The Complainant worked for 14 years for the Respondent and his employment was ended on 2 April 2019 due to redundancy. Statutory redundancy was paid to the Complainant. His complaints are in respect of unpaid minimum notice, unpaid holidays and unpaid wages (including overtime). |
Summary of Complainant’s Case:
CA-00030454-002 The Complainant was not given adequate notice prior to his dismissal. Based on his service of 18 years he was entitled to the maximum of 6 weeks notice. He received one week of notice and therefore is making a claim of pay for 5 weeks (based on a gross weekly wage of €480) CA-00030454-001 The Complainant at the time of his dismissal was entitled to 5 weeks in unpaid wages, 5.5 weeks in unpaid overtime and 5 weeks in unpaid holidays (on the basis of a net weekly pay of €461) The claim is respect of holidays is four weeks of unpaid statutory annual leave and 5 days of unpaid public holidays. |
Summary of Respondent’s Case:
No attendance at Adjudication Hearing |
Decision:
Section 41 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.
The Respondent was put on notice of this Adjudication hearing however they failed to attend. As a result, having satisfied myself that proper notice was afforded to the Respondent, I proceeded to hear the evidence of the Complainant and to determine the complaints on an uncontested basis. CA-00030454-002 Based on the uncontested evidence of the Complainant I am satisfied that the complaint is well founded in respect of 5 weeks minimum notice. I make the following award: 5 weeks at €480. AWARD: €2400.
CA-00030454-001 Based on the uncontested evidence of the Complainant I am satisfied that the complaints in respect of unpaid wages, unpaid overtime and unpaid holidays are well founded. I make the following award: 5 weeks at €419 = €2095 5.5 weeks at €419 = €2304.50 4 weeks (for annual leave) and 5 days (i.e. one week, for unpaid public holidays) at €419 = €2095 AWARD: €6494.50 |
Dated: 19th March 2020
Workplace Relations Commission Adjudication Officer: Emile Daly
Key Words:
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