ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00003128
Complaint(s)/Dispute(s) 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-00004412-001 | 11/05/2016 |
Date of Adjudication Hearing: 09/08/2016
Workplace Relations Commission Adjudication Officer: Jim O'Connell
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).
Attendance at Hearing:
By | Complainant | Respondent |
Parties | An employee | A Public House |
Background
The claimant worked for the respondent from the 15th December 1999 until she received her P45 on the 5th April 2016. She worked 25 hours per week and she was paid €10 per hour. The claimant submitted that she went out sick in September 2015. The part owner died and the business was closed. The business re- opened and closed again on the 29th February 2016. The date of cessation was the 5th March 2016. The claimant is seeking her redundancy along with her notice entitlements.
Findings
The respondent did not attend.
I find that the claimant commenced working for the respondent on the 15th December 1999. I find that the total length of service is 16 years and 86 days. I find that the redundancy entitlement is 32.48 weeks plus 1 bonus week making a total of 33.48 weeks@ €250 =€8370.00
I also find based on the uncontested evidence the claimant is entitled to 8 weeks minimum notice @€250 =€2000gross.
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.
I find that based on the uncontested evidence the claimant is entitled to redundancy of €8370 and notice of €2000gross.
Dated: 7th November 2016