ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00007619

Parties:

	Complainant	Respondent
Anonymised Parties	General Operative	Restaurant

Representatives

Benjamin Rozek Tallaght Enterprise Centre

David Kearney Liquidator represented by Brian O’Brien Solicitor

Complaint(s):

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-00009960-001	28/02/2017

Date of Adjudication Hearing: 28/08/2017

Workplace Relations Commission Adjudication Officer: Penelope McGrath

Procedure:

This matter comes before an Adjudicator of the Workplace Relations Commission on foot of certain complaints, which are contained in a Workplace Relations Complaint Form dated the 28th of February 2017. Owing to Ill health the Complainant submitted her claim after the expiration of the Six month time limit. I am minded to extend the time for the submitting of the claim in the circumstances.

The Complainant is seeking a payment of her Statutory Redundancy as allowed for under the Redundancy Payment Acts 1967 to 2014

Background:

The Complainant was engaged in the Respondent Restaurant for upwards of 4 years. The Restaurant closed unexpectedly and without either warning or notice on the 18th of July 2016.

The Respondent company has gone into liquidation and whilst it is noted that the Liquidator was happy to deal with these claims in due course, the Complainant wished to proceed at this time and by using the Workplace Relations Services as is her entitlement.

The Respondent Representatives did not impede the making of these applications in any way. The Respondent title was amended to include the word “limited”.

The Complainant has not received Redundancy, was given no Notice and is owed Holiday pay.

The Complainant was represented by an appropriate person as she was to unwell to attend .

Decision

Section 39 of the Redundancy Payments Acts 1967 – 2012 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.

(2) The Complainant is entitled to her Statutory Redundancy under the Redundancy Payments Acts based on the following facts –

Start date of the 1^st of May 2012

Termination date of 18th of July 2016

Gross weekly pay of €420.00.

Dated: 31^st August 2017

Workplace Relations Commission Adjudication Officer: Penelope McGrath

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