ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00005860

Complaint for Resolution:

Date of Adjudication Hearing: 28/02/2017

Workplace Relations Commission Adjudication Officer: Enda Murphy

Procedure:

In accordance with Section 39 of the Redundancy Payments Acts 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.

Attendance at Hearing:

Complainant’s Submission and Presentation:

The Complainant was employed as a Kitchen Porter in the Respondent’s fast food restaurant from 6^th January, 2012 until 30^th October, 2015 when his employment was terminated. The Complainant submitted that he worked an average of 14 hours per week and was paid a gross weekly wage of €151.20. The Complainant submitted that he was informed by the Respondent at the end of October, 2015 that the business was closing and that his employment was being terminated. The Complainant claims that he did not receive his statutory redundancy entitlements from the Respondent following the termination of his employment. The Complainant submitted that he forwarded an RP77 Form to the Respondent seeking payment of his statutory redundancy entitlements but the Respondent failed to respond or make payment to him.

Respondent’s Submission and Presentation:

The Respondent did not engage with the Workplace Relations Commission in relation to this complaint. I confirmed that a letter had issued notifying the Respondent of the date, time and location of the hearing, and in the circumstances, I find that its non-attendance without any acceptable explanation to be unreasonable in the circumstances.

Issues for Decision:

The issues for decision in relation to this element of the Complainant’s claim is whether or not the Complainant is entitled to a statutory redundancy lump sum payment in accordance with Section 7 of the Redundancy Payments Acts, 1967 to 2014.

Findings:

The Complainant gave evidence that his employment was terminated on 30^th October, 2015 after he was informed by the Respondent that the business was closing down. Based on the uncontested evidence of the Complainant, I find that the Complainant’s employment was terminated by reason of redundancy following the closure of the Respondent’s business.

Decision:

CA-00007392-01 and CA-00007392-002

Section 39 of the Redundancy Payments Acts requires that I make a decision in relation to any contraventions under those Acts.

I find that the Complainant is entitled to a statutory redundancy lump sum under the Redundancy Payment Acts 1967 to 2014 based on the following criteria: 

• Date of commencement: 6^th January, 2012

• Date of termination: 30^th October, 2015

• Gross weekly wage: €151.20

   

  This award is made subject to the Complainant fulfilling current social welfare requirements in relation to PRSI contributions.

   

  Dated:   1^st June 2017