ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00000794
Complaint/Dispute for Resolution:
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-00001180-001 | 30/11/2015 |
Date of Adjudication Hearing: 25/02/2016
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Parties: Ms Christina Malone v Noel Carew t/a Carew Catering
A Worker v A Restaurant
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015, following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
Complainant’s Submission and Presentation:
Please note I have asked my former employer for my redundancy lump sum and have forwarded him a RP77 form on the the 16th of November 2015 but unfortunately to date I have had no correspondence from Mr Carew. |
Respondent’s Submission and Presentation
The Respondent stated that the business had to close due to lack of trade and he had no funds to pay redundancy.
Decision:
Section 41(4) 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.
Decision:
The Complainant’s gross wage was €129.15 per week. On the basis that she was in insurable employment as of 26th October 2013, my decision is that she is entitled to statutory lump sum payment plus 2 weeks minimum notice payment, making a total sum payable to her as €1,420.65.
Dated: 8/4/2016