ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00055120
Parties:
| Complainant | Respondent |
Parties | Brid Meaney | Clean Start Dublin Limited |
Representatives | In person | Accountant |
Complaint(s):
Act | Complaint/Dispute 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-00067194-001 | 06/11/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00067194-002 | 06/11/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00067194-003 | 06/11/2024 |
Date of Adjudication Hearing: 22/10/2025
Workplace Relations Commission Adjudication Officer: Jim Dolan
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 complaint(s) to me by the Director General, I inquired into the complaint(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s).
Background:
The complainant was employed by the respondent as an operations manager. Employment commenced on 7th January 2007 and ended on 31st July 2024. This complaint was received by the Workplace Relations Commission on 6th November 2024. |
Summary of Complainant’s Case:
The complainant has made the following complaints: CA – 00067194 – 001 – A complaint submitted under section 12 of the Minimum Notice & Terms of Employment Act, 1973. The complainant has worked for the company for in excess of 15 years, she is entitled to 8 weeks’ notice as per s.4 of the Act of 1973. The Complainant was only paid 6 weeks’ notice at the termination of employment. CA – 00067194 – 002 – A complaint submitted under s.27 of the Organisation of Working Time Act, 1997. The complainant alleges that she did not receive her paid holiday / annual leave entitlement in the cessation of her employment. The complainant alleges that she is due 22 days holidays. This is broken down as 10 days from 2023 and 12 days from 2024. This has been clarified by Ms. Lisa Turner via email. This amount remains outstanding. CA – 00067194 – 003 – A complaint submitted under S.39 of the Redundancy Payments Act, 1967. The complainant was informed on 20th June 2024 that her employment would terminate on 31st July 2024 by way of redundancy. As per the complainant’s contract of employment dated 21st December 2006 the complainant’s remuneration is €40,000 per annum. Redundancy calculation is as follows: 2 weeks x 17.58 years + 1 week = 36.16 x €600 = €21,696.00 The complainant has not received any redundancy payment to date. |
Summary of Respondent’s Case:
The respondent was represented at the hearing by an independent accountant who was of the opinion that all payments with the exception of the redundancy payment had been made to the complainant. |
Findings and Conclusions:
I find that the complainant has explained her complaints in a very professional and articulate manner. I find all three of her complaints to be well-founded. CA – 00067194 – 001 – A complaint submitted under section 12 of the Minimum Notice & Terms of Employment Act, 1973. The complainant has worked for the company for in excess of 15 years, she is entitled to 8 weeks’ notice as per s.4 of the Act of 1973. The Complainant was only paid 6 weeks’ notice at the termination of employment. I now order the respondent to pay the complainant a sum equivalent to two weeks wages. CA – 00067194 – 002 – A complaint submitted under s.27 of the Organisation of Working Time Act, 1997. The complainant alleges that she is due 22 days holidays. This is broken down as 10 days from 2023 and 12 days from 2024. This has been clarified by Ms. Lisa Turner via email. This amount remains outstanding. I now order the respondent to pay the complainant a sum equivalent to 22 days wages. CA – 00067194 – 003 – A complaint submitted under S.39 of the Redundancy Payments Act, 1967. The complainant has provided an excellent breakdown of what redundancy payment she is due. I now order the respondent to pay to the complainant her statutory redundancy payment. All monies awarded should be paid within 42 days from the date of this decision. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(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.
As outlined above. |
Dated: 10/11/2025
Workplace Relations Commission Adjudication Officer: Jim Dolan
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