Case Number: ADJ-00000044. Workplace Relations Commission

CourtWorkplace Relations Commission
Docket NumberADJ-00000044
Date23 March 2016
PartiesAn Employee -v- An Employer

In accordance with Section 41(4) of the Workplace Relations Act, 2015 and Section 39 of the Redundancy Payments Act, 1967, Section 11 of the Minimum Notice and Terms of Employment Act ,1973, Section 27 of the Organisation of Working Time Act, 1997 and Section 7 of the Terms of Employment( Information Act,) 1994 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

Complainant’s Submission and Presentation:

The Complainant stated that she commenced work as a Chef on April 14th, 2010 at the respondent Bar. She earned €400 per week for a 40 hour working week. The Bar closed on April 6th, 2015 following a fire. A period of uncertainty followed the fire but in essence, the Business ceased to trade from that date. On 24th June, 2015, the Complainant gave the Respondent notice of her maternity leave. At this time, she was claiming job seekers benefit. She sought confirmation of continuity of employment and outstanding holiday pay. On 25th June, 2015, the Respondent notified the Department of Social Protection of the cessation of trading from April 6th.

On July 8th, the Respondent wrote to the complainant indicating that he would not be re- opening the Bar. He confirmed that he intended to pay her four days outstanding annual leave days when the Insurance claim was settled. The Complainant received her P45, dated 6th April, 2015 on July 8th, 2015. She was unable to obtain her Maternity Benefit as the premises had ceased to trade before her due date.

On 21st July, 2015, The Citizens Information Centre wrote to the Respondent claiming on behalf of the Complainant:

1 Redundancy to the sum of €4,384.00.

2 Minimum Notice of €800.00

3 Annual Leave of € 320.00

4 Public Holiday (5 days) €400.00

5 Compensation to cover failure to provide a contract of employment € 1,600

6 Sunday Working (5 years) €19,200

TOTAL €26,704

On August 4th, the Respondent contacted the Citizens Information Service, pleading an inability to pay the Complainant but offering a €1,000 figure in settlement. The Complainants representative asked the Respondent to obtain a letter confirming an “inability to pay “from his Accountant. The Respondent agreed. As no further contact was made between the parties, the Complainant lodged two complaints (CA 37 and CA38) to the WRC on 2nd October, 2015. The Complainant withdrew CA 38 on 16th October, 2015.

The Respondent did make some contact with the Complainant and her representative in advance of the hearing re-affirming his inability to pay and requesting that the claims be withdrawn from the WRC. The Complainant wished to proceed with her case and attended the Hearing on 7 December...

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