ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00006526

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-00008938-001	30/12/2016
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973	CA-00008938-007	30/12/2016

Date of Adjudication Hearing: 06/03/2017

Workplace Relations Commission Adjudication Officer: John Tierney

Location of Hearing: Room G.04 Lansdowne House

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 [and/or Section 39 of the Redundancy Payments Acts 1967 - 2014 and/or Section 8 of the Unfair Dismissals Acts, 1977 - 2015, and/or Section 9 of the Protection of Employees (Employers’ Insolvency) Acts, 1984 - 2012, and/or Part VII of the Pensions Acts 1990 - 2015 and/or Section 79 of the Employment Equality Acts, 1998 - 2015, and/or Section 25 of the Equal Status Act, 2000, and/or Section 13 of the Industrial Relations Acts 1969] following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).

Background:

The Claimant is seeking redundancy entitlement and minimum notice.

Summary of Complainant’s Case:

The Claimant was employed by the Respondent from October 2014 until November 2016. On her last working day she was informed by a third party (a client of the Respondent) that the franchise was ceasing. She was told to contact the Respondent directly on the matter. The Claimant contacted the Respondent in regard to her entitlement but did not receive a response. The Claimant stated that her average earning were €125.00 per week.

Summary of Respondent’s Case:

There was an unexplained absence of the Respondent.

Decision:

Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.

As there was an unexplained absence of the Respondent I accept the uncontested evidence presented by the Claimant. I find the claims well founded and make the following awards;

Under CA‑8938-001

I find that the Claimant is entitled to a payment under the Redundancy Payments Act 1967

Under Ca-8938-002

I find that the Claimant is entitled to a payment of €300.00 under the Minimum Notice & Terms of Employment Act 1973.

Dated: 12^th June 2017

Workplace Relations Commission Adjudication Officer: