Case Number: ADJ-00011868. Workplace Relations Commission

• Court: Workplace Relations Commission
• Parties: Lorry Driver v Transport Company
• Docket Number: ADJ-00011868
• Date: 20 July 2018
• Respondent: Transport Company

ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00011868

Parties:

	Complainant	Respondent
Anonymised Parties	Lorry Driver	Transport Company

Complaint:

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-00015726-001	11th November 2017
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00015726-002	11th November 2017
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00015726-003	11th November 2017
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973	CA-00015726-004	11th November 2017
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00015726-005	11th November 2017

Date of Adjudication Hearing: 18th April 2018

Workplace Relations Commission Adjudication Officer: Seán Reilly

Procedure:

In accordance with Sections 41 and 80 of the Workplace Relations Act 2015, Section 39 of the Redundancy Payments Act 1967, Section 11 of the Minimum Notice & Terms of Employment Act 1973, Section 27 of the Organisation of Working Time Act 1997, Section 6 of the Payment of Wages Act 1991 andfollowing 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 was making the following complaints under the 4 Acts:

1. Redundancy Payments Act 1967: That the Respondent had failed to pay him his statutory redundancy payments when his employment was terminated by the Respondent by reason of redundancy.
2. Minimum Notice and Terms of Employment Act 1973: That the Respondent had terminated his employment without affording him his minimum notice or pay-in-lieu of notice.
3. Organisation of Working Time Act 1997: That the Respondent had failed to afford him his annual leave and public holiday entitlements in accordance with the provisions of the 1997 Act in the relevant period
4. Payment of Wages Act 1997: That the Respondent had failed to pay him his final weeks’ wages in breach of the provisions of the 1991 Act.

The Complainant was employed by the Respondent from 27th June 2005 to 30th June 2017 and his normal weekly rate of pay was €580.00c nett per week.

The complaints were presented to the WRC on 11th November 2017.

Summary of Complainant’s Case:

The Complainant said that he was employed by the Respondent from 27th June 2005 to 30th June 2017.

The Complainant said that on 26th June 2017 he and his colleagues were informed that the Company would be ceasing trading on 30th June 2017 with the loss of all jobs and this duly occurred.

The Complainant said the Company closed down with the loss of all jobs and that he was not paid his statutory redundancy payments, his final weeks’ wages, his minimum notice entitlements or his outstanding accrued annual leave and public holiday entitlements.

The Complainant made the following complaints under the 4 Acts.

Redundancy Payments Act 1967:

The Complainant said that the Respondent Company had closed down and ceased to trade on 30th June 2017 with the loss of all jobs, including his. He said that this was clearly redundancy as defined under the Redundancy Payments Act.

The Complainant said that he had not been paid his statutory redundancy payments when his employment was terminated by the Respondent by reason of redundancy.

The Complainant sought a favourable decision.

Minimum Notice and Terms of Employment Act 1973:

The Complainant said that his employment was terminated by the Respondent without notice or pay-in-lieu of notice in accordance with the provisions of the 1973 Act.

The Complainant said that his employment was terminated with only 4 days’ notice, when, based on his 12 years’ service he was entitled to 6 weeks’ notice.

The Complainant sought a decision that he was entitled to the balance of his minimum notice pay of 5 weeks and 1 days’ pay.

Payment of Wages Act 1991:

The Complainant said that he was not paid his final weeks wages and he sought a decision that he was entitled to one weeks pay in that respect.

Organisation of Working Time Act 1997:

The Complainant said that he did not receive his annual leave or public holiday entitlement in the relevant period or at the termination of his employment. However in discussion the Complainant stated that he got one weeks’ annual leave in the relevant period.

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