Complainant

Respondent

Parties

Piotr  Fraszczyk

J.M.S International Holdings Ltd Shanahan's On The Green

Representatives

  Self

 No show

Act

Complaint Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967

CA-00067554-001

20/11/2024

Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991

CA-00067554-002

20/11/2024

Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973

CA-00067554-003

20/11/2024

The Complainant commenced employment with Shanahan’s on the Green on or about the 8th of November 2010. He stated that on or about 26th of October 2024 he was informed that the restaurant would not reopen. The Complainant worked as a Sous Chef. Since filing his claim, he has received his Statutory Redundancy entitlement and CA-00067554-001 is withdrawn.

The Complaint form originally claimed for:

See the attached documents:

-Email received from company accounts/payroll/hr department on 13 October 2024 at 9pm on Sunday that the company (restaurant) is closed until further notice. Another email received on 29 October 2024 that the restaurant will NOT be reopened.

I wish to make a complain regarding:

- one week’s arrears of wages (7th October 2024 - 13th October 2024)

- outstanding holiday pay (approximately 11 days) [subsequently changed to 4.67 days]

- statutory minimum notice pay in lieu of notice (I worked there 14 years) - according to the Citizen Information website - 6 weeks

- one week’s bonus

- redundancy pay

He continues with a claim for the following as the statutory redundancy payment was paid. Supporting pay slips were provided by the Complainant.

·         €750.00 gross unpaid wages equivalent to 1 week.

·         4.67 days holidays= €700.50 gross

·          Minimum notice based on 14 years services, 10 to 15 years’ service= 6 weeks x €750= €4500

The Complainant has received his statutory redundancy and has made claims for the following based on providing supporting payslips and giving evidence under oath.

The Facts Employment Start Date: 8 November 2010 Employment End Date:

13 October 2024 Sunday 21:00pm email received from the employer that the restaurant will be closed until further notice.

26 October 2024 Saturday 15:37pm I received an email from the employer that the restaurant will NOT reopen again.

 My original complaint regarding the statutory redundancy payment was lodged on 20 November 2024. At that time there was some exchange emails and telephone conversations regarding the redundancy payments in my previous employment. One of the members of staff who was the company accountant suggested that we should all make a collective claim. I was keen at the beginning to commit and confirmed via email with the accountant and my application was considered.

On 11 of November 2024, I informed the accountant that it was advised to me that I should deal with my redundancy application and work-related matters as an individual with WRC and that I wish to withdraw my form signed on 4 November 2024 from her records. I did not hear anything back from the accountant. Two weeks later I received a letter from the Department of Social Protection, Redundancy and Insolvency Unit regarding the Statutory Redundancy Payment Scheme. See the attached letter dated 19 November 2024, received 25 November 2024. The amount of € 17, 160.00 including bonus week was made into my bank account on 29 November 2024.

According to the payslips I took 11 days of Annual leave, I am entitled to 20 per year, therefore there I didn't get paid for 4,67 days. I hope my calculations are correct, I would be grateful you could double check the same. I also attached a simple calculator website that I used for my calculations and screenshot of all my payslips submitted via Dropbox.

The Respondent failed to attend.

I find that the Payment of Wages complaint is well founded and determine that that Respondent pay the Complainant:

·         €750.00 gross unpaid wages equivalent to 1 week less statutory deductions.

·         4.67 days holidays= €700.50 gross less statutory deductions.

 For the purposes of the Payment of Wages Act, wages is defined as:

"wages", in relation to an employee, means any sums payable to the employee by the employer in connection with his employment, including—

(a) any fee, bonus or commission, or any holiday, sick or maternity pay, or any other emolument, referable to his employment, whether payable under his contract of employment or otherwise, and

(b) any sum payable to the employee upon the termination by the employer of his contract of employment without his having given to the employee the appropriate prior notice of the termination, being a sum paid in lieu of the giving of such notice:

Section 6 of the Act states:

6. (1) A decision of an adjudication officer under section 41 of the Workplace Relations Act 2015, in relation to a complaint of a contravention of section 4C or 5 as respects a deduction made by an employer from the wages or tips or gratuities] of an employee or the receipt from an employee by an employer of a payment, that the complaint is, in whole or in part, well founded as respects the deduction or payment shall include a direction to the employer to pay to the employee compensation of such amount (if any) as he considers reasonable in the circumstances not exceeding—

(a) the net amount of the wages, or tip or gratuity as the case may be] (after the making of any lawful deduction therefrom) that—

(i) in case the complaint related to a deduction, would have been paid to the employee in respect of the week immediately preceding the date of the deduction if the deduction had not been made, or

(ii) in case the complaint related to a payment, were paid to the employee in respect of the week immediately preceding the date of payment,

Section 5(6) of the Act states:

6) Where—

(a) the total amount of any wages that are paid on any occasion by an employer to an employee is less than the total amount of wages that is properly payable by him to the employee on that occasion (after making any deductions therefrom that fall to be made and are in accordance with this Act), or

(b) none of the wages that are properly payable to an employee by an employer on any occasion (after making any such deductions as aforesaid) are paid to the employee,

then, except in so far as the deficiency or non-payment is attributable to an error of computation, the amount of the deficiency or non-payment shall be treated as a deduction made by the employer from the wages of the employee on the occasion.

The following amounts are properly payable, and I direct that the Employer to pay compensation as follows:

·         €750.00 gross unpaid wages equivalent to 1 week.

·         4.67 days holidays= €700.50 gross

 Minimum notice based on 14 years services, 10 to 15 years’ service= 6 weeks x €750= €4500

I find that the complaint made under the Minimum Notice & Terms of Employment Act, 1973 is well founded and order the Employer to pay notice as follows:

Minimum notice based on 14 years services, 10 to 15 years’ service= 6 weeks x €750= €4500.

The Act at section 12 states:

12. (1) A decision of an adjudication officer under section 41 of the Workplace Relations Act 2015 in relation to a complaint of a contravention of section 4(2) or may, where the adjudication officer finds that that section was contravened by the employer in relation to the employee who presented the complaint, include a direction that the employer concerned pay to the employee compensation for any loss sustained by the employee by reason of the contravention.

(2) A decision of an adjudication officer under section 41 of the Workplace Relations Act 2015 in relation to a dispute as to the entitlements of an employer under section 6 may include such directions as the adjudication officer considers appropriate.

And at section 4:

Minimum period of notice.

4.—(1) An employer shall, in order to terminate the contract of employment of an employee who has been in his continuous service for a period of thirteen weeks or more, give to that employee a minimum period of notice calculated in accordance with the provisions of subsection (2) of this section.

(2) The minimum notice to be given by an employer to terminate the contract of employment of his employee shall be—

(d) if the employee has been in the continuous service of his employer for ten years or more, but less than fifteen years, six weeks,

I direct that Employer pay the Complainant 6 weeks’ notice:

Minimum notice based on 14 years services, 10 to 15 years’ service= 6 weeks x €750= €4500 gross.

The Redundancy complaint is withdrawn.

I find that the Payment of Wages complaint is well founded and determine that that Respondent pay the Complainant arising from the fact that the amounts were properly payable, and the employer failed to make the payments as required under contract and statute:

·         €750.00 gross unpaid wages equivalent to 1 week’s pay less statutory deductions.

·         4.67 days holidays= €700.50 gross less statutory deductions.

I find the complaint made under the Minimum Notice and Terms of Employment Act 1973 is well founded arising from the failure of the employer to give notice on termination of the contract and I direct the Respondent to pay compensation as follow €4500 gross.

Minimum notice based on 14 years services, 10 to 15 years’ service= 6 weeks x €750= €4500 gross.

Nonpayment of wages and notice