ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00006796

Parties:

	Complainant	Respondent
Anonymised Parties	A Chef	A Hotel

Complaints:

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-00009227-001	23/01/2017
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00009227-002	23/01/2017
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00009227-003	23/01/2017

Date of Adjudication Hearing: 20/04/2017

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 – 2014, and Section 27 of the Organisation of Working Time Act 1997, and Section 6 of the Payment of Wages Act 1991, following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.

Background:

The complaint is that the respondent failed to provide the complainant with statutory redundancy, payment in lieu of annual leave accrued at the end of her employment and statutory minimum notice.

Summary of Complainant’s Case:

The complainant worked as a Chef at the respondent’s premises from 30^th October 2008 to 4^th December 2016 when the hotel closed without notice. Her solicitor served an RP77 on the employer but received no reply. The complainant was paid €360 net per week.

Summary of Respondent’s Case:

The respondent did not attend the hearing.

Findings and Conclusions:

Based on the uncontested evidence of the complainant I find that in accordance with the provisions of the Acts, she is entitled to the following :

CA-00009227-001 – the sum of €6,192 statutory redundancy payment.

CA-00009227-002 – the net compensatory sum of €1,440 for annual leave accrued and not taken on cessation of her employment.

CA-00009227-003 – the net sum of €1,440 for payment in lieu of statutory minimum notice.

Decision:

I uphold the complainant’s complaints and require the respondent to pay to the complainant the following amounts:

€6,192

€1,440

Amounting to a total of €9,072 within 30 days of the date of this decision.

Dated: 15^th May 2017

Workplace Relations Commission Adjudication Officer: Gaye Cunningham