ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00054626
Parties:
| Complainant | Respondent |
Parties | Roman Slomka | Alan Bakery Limited & Flavien Keily of Irish Liquidations |
Representatives | Self-Represented | Flavien Keily of Irish Liquidations by correspondence |
Complaint:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00066759-001 | 17/10/2024 |
Date of Adjudication Hearing: 22/01/2025
Workplace Relations Commission Adjudication Officer: Michael McEntee
Procedure:
In accordance with Section 41 of the Workplace Relations Act and Section 7 of Terms of Employment (Information) Act, 1994 the following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
In deference to the Supreme Court ruling, Zalewski v Ireland and the WRC [2021] IESC 24 on the 6th of April 2021 the Parties were informed in advance that the Hearing would normally be in Public, Testimony under Oath or Affirmation would be required and full cross examination of all witnesses would be provided for.
The required Affirmation / Oath was administered to all witnesses present. The legal perils of committing Perjury were explained to all parties.
The issue of anonymisation in the published finding of the WRC was considered but not deemed necessary.
Background:
The case concerns a Worker whose employment ended abruptly at the end of 2023. He received no prior notification of this change to his employment conditions and is seeking redress under section 7 of the Terms of Employment (Information) Act, 1994 |
1: Summary of Complainant’s Case:
As stated above |
2: Summary of Respondent’s Case:
The Liquidator confirmed to the WRC by letter /e mail of the 22nd October 2024 that he is available to process former employee claims once he is contacted and necessary forms etc are completed. |
3: Findings and Conclusions:
The case is clear cut. A minor award is due to the Complainant for breach of a statutory duty. |
4: Decision:
Section 41 of the Workplace Relations Act 2015 and section 7 of the Terms of Employment (Information) Act, 1994 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions of the cited Acts.
CA: 00066759-001
A Redress award of €630 (one week’s pay) Compensation is made in favour of the Complainant for Breach of a Statutory Right.
It is to be noted that the Redress is Compensation and not Renumeration.
Dated: 10th April 2025
Workplace Relations Commission Adjudication Officer: Michael McEntee
Key Words:
Terms of Employment (Information) Act, 1994, Liquidation. |