Complainant

Respondent

Parties

A waitress

A bar restaurant

Act

Complaint Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967

CA-00012530-001

16/07/2017

The complainant is a waitress and worked at a bar restaurant operated by the respondent. She received remuneration of €356 per week and worked for the respondent between the 11^th October 2014 and the 5^th February 2017.

The complainant outlined that she commenced working for the respondent on the 11^th October 2014. She initially held a cleaning role, but later worked as a waitress. The respondent operated a bar restaurant at a named shopping centre. The complainant earned €356 per week. In respect of the end of her employment, the complainant received a telephone call from her manager to say that the respondent bar restaurant was to close immediately and there would be no more work for her and her colleagues. She attended an informal staff meeting at a named location, where they sought answers. They also attended the premises to seek to recover personal effects left behind in the venue. She outlined that the 5^th February 2017 was her last day of employment and she had been summarily dismissed. She said that she was entitled to a redundancy lump sum payment. She said that she was owed two weeks’ annual leave and did not receive notice of the end of her employment.

The respondent did not attend the adjudication to make submissions or to give evidence in reply to this complaint.

Having considered the evidence presented by the complainant at the adjudication, the complainant’s employment commenced on the 11^th October 2014. She worked as a waitress at a bar restaurant operated by the respondent, a limited company. She received remuneration of €356 per week. Her employment came to an abrupt end when she was informed on the 5^th February 2017 that her employment would cease immediately and that the venue had closed. Her employment came to an end on the 5^th February 2017, the same day the venue closed and she could no longer attend work. I, therefore, find that the complainant was dismissed by reason of redundancy as the respondent had ceased to carry on the business for which the complainant was employed. It follows that the complainant is entitled to a redundancy lump sum payment pursuant to the Redundancy Payments Acts. I cannot make an award for annual leave or minimum notice owed to the complainant as these issues were not mentioned on the complaint form and no separate complaint was lodged.

CA-00012530-001

Section 39 of the Redundancy Payments Acts 1967 – 2014 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.

I decide that, pursuant to the Redundancy Payment Acts 1967 - 2014, the complainant is entitled to a redundancy lump sum calculated according to the following criteria:

Date of start of employment: 11^th October 2014

Average weekly gross pay: €356

Date of end of employment: 5^th February 2017

This award is made subject to the complainant having been in insurable employment under the Social Welfare Acts during the respective period of employment.

Redundancy Payments Act, section 7