ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00055357
Parties:
| Complainant | Respondent |
Parties | Josephine Dunne | Casindor Ltd T/A Lily's Bar Lily's Bar |
| Complainant | Respondent |
Anonymised Parties | {text} | {text} |
Representatives |
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|
Complaint:
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-00063664-003 | 23/05/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00063664-004 | 23/05/2024 |
Date of Adjudication Hearing: 25/01/2025 and30/04/2025
Workplace Relations Commission Adjudication Officer: Úna Glazier-Farmer
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 appeared on 25 January 2025. However, where there were concerns as to service of the complaint and hearing date on the Respondent, a further hearing date was scheduled.
Ms Fiona Gallagher , HR Manager with the Respondent, appeared on the second date.
It was agreed the Complainant received €15 per hour and worked on average 3 days a week. |
Summary of Complainant’s Case:
CA-00063664-003 It was the Complainant’s submission that she was due outstanding annual leave of 4 weeks. CA-00063664-004 The Complainant sought notice pay of 4 weeks due to her position being made redundant. |
Summary of Respondent’s Case:
CA-00063664-003 It was confirmed that the Respondent was in liquidation. It was also confirmed the Complainant was due annual leave in the sum of €1,744. CA-00063664-004 The Respondent confirmed the Complainant received redundancy payment which included notice pay. |
Findings and Conclusions:
CA-00063664-003 I find based on the uncontested evidence that the Complainant is entitled to annual leave in the sum of €1,744. I find the complaint is well founded. CA-00063664-004 I find in the circumstances where the Complainant applied and received statutory redundancy which included notice pay, the complaint is not well founded. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.
CA-00063664-003 I find the complaint is well founded in the sum of €1,744. CA-00063664-004 I find the complaint is not well founded. |
Dated: 2nd May 2025.
Workplace Relations Commission Adjudication Officer: Úna Glazier-Farmer
Key Words:
Payment of Wages Act |