ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00006727

Parties:

Complaint(s):

Date of Adjudication Hearing: 28/08/2017

Workplace Relations Commission Adjudication Officer: Penelope McGrath

Procedure:

This matter comes before an Adjudicator of the Workplace Relations Commission on foot of certain complaints, which are contained in a Workplace Relations Complaint Form dated the 16th of January 2017, wherein it is claimed that there have been contraventions of certain enactments and/or provisions identified in Schedule 5 of the Workplace Relations Act of 2015 and in this instance include a claim under the Minimum Notice and Terms of Employment Act, 1973 and the Organisation of Working Time Act 1997.

In accordance with Section 41(4) of the Workplace Relations Act, 2015 this matter has been referred to the Adjudicator Services by the Director General of the Workplace Relations Commission and in particular it has been referred so that the matters can be inquired into and the parties be given an opportunity to be heard and to present evidence relevant to the complaint.

In addition to the foregoing the Complainant seeks satisfaction under the Redundancy Payments Acts 1967 to 2014 and in particular pursuant to Section 39 of the 1967 Act as amended.

The Complaints have been made within the appropriate time limits

Background:

 The Complainant was engaged in the Respondent Restaurant for upwards of 4 years. The Restaurant closed unexpectedly and without either warning or notice on the 18th of July 2016.

The Respondent company has gone into liquidation and whilst it is noted that the Liquidator was happy to deal with these claims in due course, the Complainant wished to proceed at this time and by using the Workplace Relations Services as is his entitlement.

The Respondent Representatives did not impede the making of these applications in any way. The Respondent title was amended to include the word “limited”.

The Complainant has not received Redundancy, was given no Notice and is owed Holiday pay.

The Complainant gave evidence on his own behalf and with the assistance of his representative.

 Decision

Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.

(1)          The Complainant is entitled to his Minimum Notice payment in accordance with -

Start date of the 9^th of August 2012

Termination date of 18th of July 2016

Gross weekly pay of €672.00.

 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.

(2)          The Complainant is entitled to his Statutory Redundancy under the Redundancy Payments Acts based on the following facts –

Start date of the 9^th of August 2012

Termination date of 18th of July 2016

Gross weekly pay of €672.00.

The Complainant understands that any award made under the Redundancy Payments Acts is subject to the verification of his having been in insurable employment in the relevant period under the Social Welfare Acts.

The Complainant is also entitled to Holiday Pay under the OWT Act as follows:

(3)          Twelve days lost annual leave coming to a sum of €612.00

Dated:  

Workplace Relations Commission Adjudication Officer: Penelope McGrath

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