ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00006098

Complaint(s)/Dispute(s) for Resolution:

Date of Adjudication Hearing: 28/02/2017

Workplace Relations Commission Adjudication Officer: Michael Hayes

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 and the abovementioned Act, 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:

The complainant submits that he was dismissed from his position as a chef on the 6^th of September 2016 as a result of the closure of the business. All staff was presented with P45 and outstanding money on the day. His attempts to talk to the respondent with regard to his entitlement under the Act were rebuffed. No response was received when he sent an RP77 form via registered post and similarly when he requested that the employer would fill the RP50 form.

He began working for the respondent on the 25^th of October 2012 and was dismissed on the 6^th of September 2016. He worked 37 hours per week and was paid at the rate of €9.50 per hour which amounts to €351.50 gross per week.

Decision:

I am satisfied that the complainant is entitled to payment of statutory redundancy in the circumstances described. The complaint is therefore well founded.                                                               

I herby require that the respondent complies with it’s statutory obligation in this regard.

Dated:   12^th April 2017