Complainant

Respondent

Anonymised Parties

A Barista

A Coffee shop

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-00011513-001

23/05/2017

The complainant was employed as a Barista. He began working for the Respondent on 1st September 2010 and his employment ended when the Respondent business closed on 1^st December 2016. His gross hourly rate of pay was €8.65

The complainant contends that he commenced employment with the Respondent in September 2010 on a part time basis working 25 hours per week. A few months afterwards the complainant stated that his hours were increased to 40 hours per week and remained at that level until September 2014. The complainant’s position is that he started attending University in September 2014 and from that time until the closure of the business in December 2016 he worked only one day per week.

The complainant contends that he was informed by the Coffee Shop Manager on 1^st December 2016 that the owners intended to close the coffee shop and there was no further work available. The complainant states that the Manager was unable to provide him with information regarding his redundancy entitlements as there had been a breakdown in communication between the Manager and the owners. The complainant further contends that he never received his P45 when his employment ended.

The complainant is seeking his statutory redundancy entitlements.

The Respondent did not attend the Adjudication hearing and was not represented.

The complainant is seeking his statutory redundancy entitlements in circumstances where his employment ended on 1^st December 2016

The Law:

Section 7(1)(b) of the Redundancy Payments Act 1967 (amended) states as follows:

“An employee, if he is dismissed by his employer by reason of redundancy …….shall, subject to this Act, be entitled to the payment of moneys which shall be known (and are in this Act referred to) as a redundancy payment provided –

(b) he was an employed contributor in employment which was insurable for all benefits under the Social Welfare Acts 1952 – 1966 immediately before the date of the termination of his employment, or had ceased to be ordinarily employed in employment which was so insurable in the period of four years ending on that date.”

Section 7(2)(a) of the Act states:

For the purpose of subsection (1), an employee who is dismissed shall be taken to be         dismissed by reason of redundancy if for one or more reasons not related to the employee concerned the dismissal is attributable wholly or mainly to –

(a)    the fact his employer has ceased, or intends to cease, to carry on the business for the purposes of which the employee was employed by him, or has ceased or intends to cease, to carry on that business in the place where the employee was so employer.

The worker submitted P60s for 2010, 2011, 2013 and 2014. A P21 balancing statement for the 2012 tax year was also submitted. There were no further records submitted as the complainant stated that he was unable to contact his former employer.

On the basis of the evidence before me and from questions asked at the adjudication hearing, I am satisfied that the complainant worked for the Respondent from September 2010 until his employment ceased on 1^st December 2016.

The complainant is entitled to a Redundancy payment as follows:

Employment Start Date: 1^st September 2010

Employment End Date: 1^st December 2016

Weekly rate of pay: €69.20

This award is made subject to the Complainant having been in insurable employment under Department of Social Protection rules during the relevant period.

Statutory redundancy entitlements