ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00006780
| Complainant | Respondent |
Anonymised Parties | A waiter | A Hotel |
Representatives |
Complaint(s):
|
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-00009214-001 | 20/01/2017 |
Date of Adjudication Hearing: 11/09/2017
Workplace Relations Commission Adjudication Officer: Niamh O'Carroll Kelly
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015 and following the presentation by an employee of a complaint of a contravention by an employer of an Act contained in Schedule 5 of the Workplace Relations Act of 2015 or such other act as may be referred to in the 2015 Act, made to the Director General and following a referral by the said Director General of this matter to the Adjudication services, I can confirm that I have fulfilled my obligation to make all relevant inquiries into the complaint or dispute. I have additionally and where appropriate heard the oral evidence of the parties and their witnesses and have taken account of the evidence tendered in the course of the hearing.
The Complainant herein has referred a matter for dispute resolution under Section 39 Redundancy Payments Acts, 1967 and the referral has been made within six months of the initial circumstances of the relevant dispute/contravention.
Summary of Complainant’s Case:
The complainant commenced Employment with the Respondent on the 06.04.2014. He worked continuously until the 14.08.2016 when his position was made redundancy. He did not have any breaks in service. He did take his holiday entitlements and was paid for those. |
Summary of Respondent’s Case:
The complainant only has 98 insurable weeks. His holiday pay was paid weekly over the period of one year. Therefore, the six weeks holidays were not insurable weeks. |
Findings and Conclusions:
The complainant commenced his employment on the 06.04.2014. He worked continuously until the 14.08.2016. He did receive notice of redundancy on the 15.07. 2016. The respondent stated that he was not entitled to a redundancy payment as he only has 98 insurable weeks service. The complainant has in excess of 104 weeks service and therefore is entitled to a redundancy payment. Commencement date: 06.04.2014 Notice date: 15.07.2016 Termination date: 14.08.2016 Gross weekly pay € 270.00 Breaks in service: None |
Decision:
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.
The complainant’s claim CA 9214 -001 pursuant to the Redundancy Payment Acts, 1967 succeeds.
Dated: 26/10/2017
Workplace Relations Commission Adjudication Officer: Niamh O'Carroll Kelly
Key Words:
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