ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00002305

Complaint(s)/Dispute(s) for Resolution:

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973	CA-00002972-001	01/03/2016
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967	CA-00002972-002	01/03/2016
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977	CA-00002972-003	01/03/2016
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00002972-004	01/03/2016

Date of Adjudication Hearing: 29/11/2016

Workplace Relations Commission Adjudication Officer: John Tierney

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 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).

Complainant’s Submission and Presentation:

I was given absolutely no notice. The company closed during a working day with no explanation of when I would return to work. Furthermore, according to my P45 employment ended on 3rd of February 2016 while business was still operating after that date and no employee was aware of closure until 4th of February 2016.

I was not informed about my rights or did not receive any entitlements in regards to redundancy when my employment suddenly ended.

I was given no notice of the closure of the business. I received my p45 through the post with no explanation. While being dismissed, I was already in another employment due to reduced working hours since March 2015.

My employer has not paid my back my holiday hour’s entailment after ceasing my employment - between 10-20 hours.

The Claimant was employed by the Respondent from March 2009 until February 2016 when the business closed.

The Claimant is claiming redundancy entitlement and notice.

The claim under the unfair Dismissals Act is withdrawn.

Respondent’s Submission and Presentation:

The Respondents advised the Hearing that they were not contesting the claims

Decision:

Section 41(4) 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.

Based on the evidence presented to me I find the claims well founded and make the following awards;

Reference CA 2972 – 002

I find the Claimant has an entitlement under the Redundancy Payments Act 1967.

Reference CA 2972 – 001

Under the Minimum Notice & Terms of Employment Act 1973 I award €1,408.00.

Dated: 23^rd March 2017