ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00056795
Parties:
| Complainant | Respondent |
Parties | Jacqueline Dunne Mathews | Klass Boutique |
| Complainant | Respondent |
Anonymised Parties | {text} | {text} |
Representatives | Complainant | Not represented |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00069114-001 | 07/02/2025 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00069114-002 | 07/02/2025 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00069114-003 | 07/02/2025 |
Date of Adjudication Hearing: 06/05/2025
Workplace Relations Commission Adjudication Officer: Shay Henry
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and/or Section 39 of the Redundancy Payments Acts 1967 - 2014 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, Ms Dunne Matthews, worked for the respondent. In September 2024 the respondent closed abruptly, and the complainant alleges that she did not receive payments due in respect of redundancy, outstanding annual leave and minimum notice. The respondent did not attend the hearing and was not represented. The complainant gave evidence under oath/affirmation at the hearing. |
Summary of Complainant’s Case:
The Complainant, Ms Jacqueline Dunne Matthews started work with Klass Boutique on 27/07/2010. Her employment was terminated on 15/09/2024. She did not receive her statutory notice of six week’s pay and she received no payment for annual leave - 4 days in 2024. The Complainant was contacted by telephone by her employer on 15/09/2024 and told that she was closing on the following day. The complainant asked about monies outstanding to her and her redundancy and was told that she would sort it out. This did not happen. The complainant is entitled to; 4 days pay in lieu of outstanding annual leave entitlement; minimum notice payment of 6 weeks at €224 per week, totalling €1,344 and; statutory redundancy based on the employment period from 27th July 2010 until 15th September 2024 at a rate of €224 per week. |
Summary of Respondent’s Case:
The respondent did not attend the hearing and was not represented. I am satisfied that the respondent was on notice of the hearing, that the non-attendance has not been explained to my satisfaction. |
Findings and Conclusions:
The respondent did not attend the hearing. I am satisfied that the respondent was on notice of the hearing, that the non-attendance has not been explained to my satisfaction. I therefore allow the complainant’s appeal in relation to redundancy payment. In relation to the claim for minimum notice I find that the Payment of Wages Act, 1991 was contravened and the complainant is entitled to 6 week’s pay. The complaint under the Organisation of Working Time Act 1997 relating to outstanding annual leave is well-founded and the complainant is entitled to 4 days pay. |
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.
[Section 39 of the Redundancy Payments Acts 1967 – 2012 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.
CA-00069114-001. The appeal is allowed and I order the respondent to pay the complainant the statutory redundancy payment calculated in accordance with the Act, based on the employment period from 27/07/2010 until 15/09/2024, and based on a weekly wage of €224. CA-00069114-002 The Payment of Wages Act, 1991 was contravened and I order the respondent to pay the complainant €1,344 CA-00069114-003. The complaint is well founded and I order the respondent to pay the complainant €448. |
Dated: 16/05/2025
Workplace Relations Commission Adjudication Officer: Shay Henry
Key Words:
Redundancy, outstanding annual leave, minimum notice |