ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00001522

Complaint for Resolution:

Date of Adjudication Hearing: 22/03/2016

Workplace Relations Commission Adjudication Officer: Aideen Collard

Procedure:

Pursuant to the Redundancy Payments Acts and the Workplace Relations Act 2015 (as amended), following the referral of a complaint to me by the Director General under Section 39 of the Redundancy Payments Act 1967, seeking redress for the non-payment of statutory redundancy, I inquired into the complaint and gave the Parties an opportunity to be heard and to present any relevant evidence. The Complainant was in attendance with representatives of the Citizens Information Service who were assisting him and there was no appearance by the Respondent.

 At the outset of the Hearing, it became apparent that there was no appearance by or on behalf of the Respondent. I verified that the Respondent was on notice of the hearing at his last known address, and having been satisfied of this I proceeded with the hearing in the Respondent’s absence.

1. Complainant’s Submission and Presentation:

1. The Complainant was employed at the Respondent’s Chinese Takeaway from 1^st September 2008 until 30^th August 2015. The Complainant has resided in Ireland since the 1980’s and is an Irish national. His date of birth is 10^th March 1952 and he was 63 years of age at the date of the termination of his employment. The Respondent had taken over the Takeaway in 2011 and the Complainant had continued to work there without any break in service. Although the Respondent never furnished the Complainant with a written contract of employment, payslips or P60’s, he confirmed his pay and period of service with bank books detailing the lodgement of his wages and also had a record of his PRSI contributions for the period in question. Although no PRSI contributions were made for the years of 2009 and 2010, the Complainant gave evidence that there had been no break in his service for that period. His starting salary was €500 gross per week but from 2012, his hours and pay were reduced to €300 gross per week.

    

2. On the evening of 30^th August 2015, the Respondent informed the Complainant that his job was gone and the Takeaway was closed. He did not receive any notice of the closure and did not receive any payment in respect of redundancy, minimum notice or outstanding holiday pay. He made numerous efforts to contact the Respondent to get his RP50 Form signed without success as his phone was cut-off and the Takeaway above which he resided was closed up.

    

3. The Citizens Information Centre contacted the Respondent’s Accountant on behalf of the Complainant. The Accountant initially agreed to arrange for the Respondent to sign his RP50 Form but eventually emailed back to confirm that she could not locate the Respondent to effect same. The Accountant furnished the Complainant with a P45 at his request but omitted the Respondent’s details. The Citizens Information Centre then submitted his claim on behalf of the Complainant under Section 39 of the Redundancy Payments Act 1967 seeking redress for the non-payment of statutory redundancy, a decision of the Workplace Relations Commission being necessary to enable him to apply to the Social Insurance Fund for payment of redundancy.

    

4. I note that the Citizens Information Centre subsequently submitted claims under Section 11 of the Minimum Notice & Terms of Employment Act 1973 and Section 27 of the Organisation of Working Time Act 1997 which do not fall to be determined within this adjudication.

    

2. Respondent’s Submission and Presentation:

1. The Respondent did not make any submissions or attend the hearing to proffer any evidence.

    

1. Based upon the evidence adduced and documentation furnished on behalf of the Complainant and in the absence of any evidence on behalf of the Respondent, I am satisfied that he was employed at the Respondent’s Chinese Takeaway from 1^st September 2008 until 30^th August 2015. I am also satisfied that the Complainant’s employment ceased upon the Respondent closing the Takeaway down overnight without any notice and a redundancy situation occurred. I am also satisfied that there was no break in service for the period in question notwithstanding the break in PRSI payments and that his pay was €300 gross per week at the time of the termination of his employment. It follows that the Complainant is entitled to a redundancy lump sum payment pursuant to the Redundancy Payments Acts 1967-2014 as follows:

    

   Complainant (DOB: 10/03/1952) – PPS Number 3601851E

   Date of commencement: 1^st September 2008

   Date of termination: 30^th August 2015

   Weekly gross pay: €300

Dated:   31^st May 2016