ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00010163

Parties:

Complaint(s):

Date of Adjudication Hearing: 25/10/2017

Workplace Relations Commission Adjudication Officer: Jim O'Connell

NOTE This decision should be read in conjunction with ADJ7586

Procedure:

In accordance with Section 8 of the Unfair Dismissals Acts, 1977 - 2015] 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).

Unfair Dismissals Acts 1977-2015

CA-00013033-001

Background

The claimant was employed from the 7th December 2015 until the 9th October 2016 as Sous Chef. She worked 30 hours per week and she was paid €304.50 gross(299.98 net). The claimant was informed by the Tax office on the 8th March 2017 that her p45 was issued on the 9th October 2016. The claimant had been on maternity leave since the 12th September 2016 with the intent of taking unpaid maternity and her accrued holidays straight after, which had been agreed by her employers at the time. On the 31st January 2017 the claimant found out that the employer she worked for had a transfer of undertakings to the current respondent. It was submitted that both her previous employer and the current respondent had the same director and owner. The claimant submitted that she was not informed of the transfer and despite repeatedly trying to contact them she got no response.

Findings

The complaint was received on the 10th October 2017

The respondent did not attend.

I find based on the evidence at the hearing the claimant was employed as Sous Chef, went on maternity leave on the 12th September 2016. I find that while on maternity leave the business changed names with the same director and owner. I find they failed to contact the claimant or issue her with her P45. I find that the claimant received no communication from any of her employers informing her of what was going on.

Decision:

Section 8 of the Unfair Dismissals Acts, 1977 – 2015 requires that I make a decision in relation to the unfair dismissal claim consisting of a grant of redress in accordance with section 7 of the 1977 Act

I find based on the uncontested evidence the claimant was unfairly dismissed and I award her I award her €7500 in compensation.

Dated:   25 January 2018

Workplace Relations Commission Adjudication Officer: Jim O'Connell