ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00004587

Parties:

	Complainant	Respondent
Anonymised Parties	Kitchen Porter	Restaurant

Complaints 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-00006622-001	24/08/2016

Date of Adjudication Hearing: 16/03/2017

Workplace Relations Commission Adjudication Officer: Gaye Cunningham

Location of Hearing: The Anner Hotel, Thurles, Co. Tipperary

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 39 of the Redundancy Payments Acts 1967 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 seeks her redundancy payment after the restaurant she worked in for almost four years closed without notice.

Summary of Complainant’s Case:

The complainant stated that she worked as a kitchen porter at the respondent’s restaurant from 20^th August 2012 to 29^th July 2016. The restaurant closed without notice on 29^th July 2016, and she was not contacted directly by the owners. She was told the job was terminated by another staff member.

Summary of Respondent’s Case:

The respondent did not attend the hearing.

Findings and Conclusions:

Based on the uncontested evidence of the complainant, she is entitled to a statutory redundancy payment.

Decision:

The redundancy claim is well founded and I direct the respondent to pay to the complainant her redundancy entitlement based on service from 20^th August 2012 to 29^th July 2016 in accordance with the Redundancy Payments Act 1967.

Dated: 30^th June 2017

Workplace Relations Commission Adjudication Officer: Gaye Cunningham

Key Words:

Redundancy