ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00007024
Complaint:
|
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 |
CA-00009557-001 | 6th February 2017 |
Date of Adjudication Hearing: 21st April 2017
Workplace Relations Commission Adjudication Officer: Kevin Baneham
Location of Hearing: Dublin
Procedure:
On the 6th February 2017, the complainant referred a complaint to the Workplace Relations Commission pursuant to the Redundancy Payments Act. The complaint was scheduled for adjudication on the 21st April 2017. The complainant is a chef and the respondent was a café-restaurant.
This adjudication involves the same parties as ADJ 4400, which addresses a Payment of Wages claim from the same complainant against the same respondent. Both adjudications took place at the same time.
At the time the adjudication was scheduled to commence, it became apparent that there was no appearance by or on behalf of the respondent, a limited company. I verified that the respondent had been served with notification of the time, date and venue of the adjudication. I was satisfied that notification had been sent to the registered address of the respondent as well as to an address from which the company director associated with the respondent continues to trade. Having been satisfied as to service, I waited some time to accommodate a late arrival. Having taken these steps, I proceeded with the adjudication in the absence of the respondent.
In accordance with Section 39 of the Redundancy Payments Acts 1967 - 2014 following the referral of the complaint to me by the Director General of the Workplace Relations Commission, 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, a chef, claims an entitlement to a redundancy lump sum payment from the respondent.
Summary of Complainant’s Case:
The complainant outlined that he worked as a chef in the café-restaurant operated by the respondent. His employment commenced on the 4th April 2012. For the first few months, the respondent did not provide him with pay slips or other documentation related to his employment. The complainant had sought this documentation. In January 2013, the complainant was required by the Department of Social Protection to provide pay slips and he brought this to the respondent’s attention. The respondent supplied a number of pay slips retrospectively but did not do so for the entire period going back to April 2012. The complainant outlined that he was paid €430 per week and received €10 per hour. The complainant outlined that in September 2012, he had been offered alternative employment but did not commence employment with this other restaurant.
In relation to the end of his employment, the complainant outlined that he and the other staff of the café-restaurant were told on the 21st June 2016 that it would close on the following Sunday, the 26th June 2016. The respondent promised to complete the necessary documentation to claim redundancy entitlements, but later refused to do so.
Summary of Respondent’s Case:
The respondent did not attend the adjudication and did not make submissions to it.
Findings and Conclusions:
The complainant gave uncontroverted evidence that his employment was terminated by way of redundancy on the 26th June 2016. He received remuneration of €430 per week. I find as fact that the complainant commenced employment with the respondent on the 4th April 2012 and that this was insurable employment as a chef in a café-restaurant. I find that there were no breaks in either his continuity of service and of reckonable service during the period of his employment.
I determine that the complainant is entitled to a redundancy lump sum payment pursuant to the Redundancy Payments Act, based on the following information:
Date of commencement of employment: 4th April 2012
Date of notice of termination of employment: 21st June 2016
Date of end of employment: 26th June 2016
Weekly gross pay: €430 per week
Decision:
CA-00009557-001
Section 39 of the Redundancy Payments Act requires that I make a decision in relation to the complaint.
I decide that, pursuant to the Redundancy Payment Acts, the complainant is entitled to a redundancy lump sum calculated according to the following criteria:
Date of commencement of employment: 4th April 2012
Date of notice of termination of employment: 21st June 2016
Date of end of employment: 26th June 2016
Weekly gross pay: €430 per week
This award is made subject to the complainant having been in insurable employment under the Social Welfare Acts during the respective period of employment.
Dated: 07/06/2017
Workplace Relations Commission Adjudication Officer: Kevin Baneham
Key Words:
Redundancy Payments Act