ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00056076
Parties:
| Complainant | Respondent |
Parties | Kathleen Friel | Jms International Holdings Ltd Shanahan's On The Green |
Complaints:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00068352-001 | 29/12/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00068352-002 | 29/12/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00068352-003 | 29/12/2024 |
Date of Adjudication Hearing: 06/05/2025
Workplace Relations Commission Adjudication Officer: Pat Brady
Procedure:
In accordance with Section 41 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 had been employed by the respondent restaurant in an accounts capacity. She was made redundant but complains that, while she did get a redundancy payment, she did not get other monies owed to her. |
Summary of Complainant’s Case:
The complainant gave evidence on affirmation. Regarding Specific Complaint CA-00068352-001 under the minimum Notice and Terms of Employment Act, 1973 she said that all staff in the restaurant were notified by email that they were not to attend work until further notice. Approximately two weeks later they were notified that the business would not be reopening as it had ceased trading. She has not been paid for her notice period, her last week of work for any outstanding annual leave owed. Regarding Specific Complaint CA-00068352-002 under the Payment of Wages Act, 1991 she says that she is owed one week’s wages (her final week) which were due on 18/10/24 in the amount of €1153.85. Specific Complaint CA-00068352-003 relates to a total of eight outstanding annual leave days at 230.77 per day, totaling €1846.16. In summary she is owed eight annual leave days at 230.77 per day, €1846.16, six weeks’ notice at €1153.85, a total of €6923.10 and one week’s wages at €1153.85: 1153.85, a total of €9923.11. |
Summary of Respondent’s Case:
The respondent did not attend the hearing. |
Findings and Conclusions:
The complainant gave credible evidence, and I accept the veracity of her complaints, and they are well-founded. My Decision and award is below. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints accordance with the relevant redress provisions under Schedule 6 of that Act.
Regarding Specific Complaint CA-00068352-001 under the Minimum Notice and Terms of Employment Act, 1973 her complaint is well founded, and I award her €6923.10.
Complaint CA-00068352-002 under the Payment of Wages Act, 1991 is also well founded and I award her €1153.85.
Complaint CA-00068352-003 is also well founded and I award her 1846.16.
In summary she is owed eight annual leave days at 230.77 per day, €1846.16, six weeks’ notice at €1153.85, a total of €6923.10 and, in addition, one week’s wages at 1153.85, a total in respect of all complaints of €9923.11. |
Dated: 29/05/2025
Workplace Relations Commission Adjudication Officer: Pat Brady
Key Words:
Payment of Wages |