ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00006721
| Complainant | Respondent |
Anonymised Parties | Employee | Restaurant |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under the Industrial Relations Acts | CA-00009131-001 | 17/01/2017 |
Date of Adjudication Hearing: 29/03/2017
Workplace Relations Commission Adjudication Officer: John Tierney
Location of Hearing: Room G.05 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 claiming he was unfairly dismissed. |
Summary of Complainant’s Case:
The Claimant was employed as a chef/Kitchen Assistant from August 2016 until December 2016. He went on holidays and on 5 December she received notice by phone that on his arrival back the next day she was working out a weeks’ notice. He claimed that his dismissal was unfair. |
Summary of Respondent’s Case:
The Claimant received notice on 5 December and was let go on 11 December. This was due to financial problem as the Kitchen had to be closed. Three other staff were let go at the same time. There were difficulties with the landlord and the Kitchen had to close. |
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.]
I have considered the submissions of both parties. From the evidence presented the Respondent is not in breach of any employment legislation. While the Claimant is aggrieved at his treatment, there is no case in law for the Respondent to answer. |
Dated: 19th June 2017
Workplace Relations Commission Adjudication Officer: John Tierney
Key Words:
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