ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00004360

Parties: 

Complaint(s):

Date of Adjudication Hearing: 11/10/2016

Workplace Relations Commission Adjudication Officer: Michael Hayes

Location of Hearing: Galway Maldron Hotel

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and the abovementioned Acts, 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 respondent employed the complainant as a boner in the period from 4^th of September 2012 until the 1^st of April 2016 at which point the business ceased. He was paid €437.56 and worked 35 hours per week. The complainant indicated at hearing that he had only one complaint under the Organisations of Working time Act, 1997 and consequently complaint reference number CA00006150-003 is superfluous. The parties made oral submission to the hearing.

Summary of Complainant’s Case:

The complainant submits that he was made redundant from his employment without notice on the 1^st of April 2016. Furthermore he submits that he was owed five (5) days of annual leave on cessation.

Summary of Respondent’s Case:

The respondent accepts that the complainant was made redundant from his position arising from an untenable trading situation and that he was not paid his entitlement to statutory annual leave as claimed on cessation.

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. Furthermore Section 39 of the Redundancy Payments Acts 1967 – 2012 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.

CA00006510-001: - I find that the circumstances herein amount to redundancy within the meaning of the Act and that therefore the complaint is well founded. The relevant dates and weekly earnings amount are referenced above and form the basis of the complainant’s statutory entitlement to redundancy lump sum.

CA00006510-002: - I find that the complaint is well founded and hereby require that the respondent pay the complainant €600 (say six hundred euro inclusive of the holiday payment owed) in compensation for breach of s. 23 of the Act.

Dated:   11 May 2017

Workplace Relations Commission Adjudication Officer: Michael Hayes.