ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00006280

	Complainant	Respondent
Anonymised Parties	Chef	Catering Company

Complaint

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-00001890-001	12/01/2016

Date of Adjudication Hearing: 12/04/2017

Workplace Relations Commission Adjudication Officer: Rosaleen Glackin

Procedure:

In accordance with Section 39 of the Redundancy Payments Acts 1967 - 2014 and following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.

Background:

The Complainant was employed from 21^st August 2007 until the employment was terminated by reason of redundancy on 28^th August 2015. The Complainant was paid €10.00 an hour and he worked 40 hours a week. The Complainant referred a complaint to the Workplace Relations Commission on 12^th January 2016 claiming his entitlements to his statutory Redundancy.

Summary of Complainant’s Case:

The Complainant stated that he had been employed with the named Respondent Company following a Transfer of Undertaking. His employment ceased with the Respondent on 28^th August 2015 but he was not paid his statutory redundancy entitlements.

Summary of Respondent’s Case:

The Respondent confirmed that the Complainant had been employed with the Company and that his employment commenced on 21^st August 2007. The Respondent stated that the Company ceased trading on 27^th August 2015 and he confirmed that the Complainant had not been paid his redundancy entitlements.

Findings and Conclusions:

On the basis of the evidence provided by both the Complainant and the Respondent I find that the Complainant is entitled to be paid his statutory redundancy entitlements.

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.

On the basis of the evidence and in accordance with Section 39 of the Redundancy Payments Acts 1967 – 2012 I declare this complaint is well founded. I direct the Respondent to pay the Complainant his statutory Redundancy entitlements as provided for in the Act within 42 days of the date of this Decision.

Dated: 06^th July 2017

Workplace Relations Commission Adjudication Officer: Rosaleen Glackin

Key Words:

Redundancy