ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00012150
Parties:
| Complainant | Respondent |
Anonymised Parties | A Kitchen Porter | A Restaurant |
Representatives |
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Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00015818-001 | 15/11/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00015818-002 | 15/11/2017 |
Date of Adjudication Hearing: 26/04/2018
Workplace Relations Commission Adjudication Officer: Penelope McGrath BL
Procedure:
Pursuant to Section 39 of the Redundancy Payment Act of 1967 (as amended) it is directed that the manner of hearing prescribed in Section 41 of the Workplace Relations Act of 2015 shall apply to any question, dispute, complaint or appeal referred to the Director General under the Redundancy Payments Acts of 1967 – 2014.
I have accordingly been directed by the Director General of the Adjudication services, to hear the within complaint and I can confirm that I have fulfilled my obligation to make all relevant inquiries into the complaint. 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 withdrew her claim under the Unfair Dismissals legislation.
Background:
The Complainant withdrew her complaint under the Unfair Dismissals Acts 1977 – 2015. The Complainant gave her own evidence and was provided with an interpreter for this purpose. The Complainant is originally from Poland. The Complainant worked as a kitchen porter in a busy restaurant in the city centre. The Complainant commenced her employment in September 2010 and worked through to March 2016 at which time the Complainant had to go out on sick leave as a result of having suffered a heart attack. The Complainant kept in touch with the workplace and intended returning to the workplace as and when her health would allow. The Complainant appears to have been in receipt of a disability benefit for the some of the time that she was absent from the workplace. The Complainant was in the process of making arrangements to be medically reviewed by the Employer’s own medical advisor when, without warning, the business closed down and the staff were let go. The Complainant showed me P60s for each of the years of her employment together with a P45 showing the cessation of employment on the 30th of April 2017.
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Findings and Conclusions:
I am satisfied that the employment extended beyond the 104 weeks required under Statute. I am further satisfied that the Complainant’s employer made no attempt to engage with the complainant or assist the Complainant with any aspect of the termination of her employment once the P45 issued. I am satisfied on the evidence provided that the Complainant continued to be in the employment of the Respondent entity up to the date that she received a P45 in the post. The termination of the employment was without preamble and or without any prior warning and the evidence adduced is that the restaurant business closed down unexpectedly and the ownership of the premises moved on to an unrelated 3rd party. I accept that the Complainant’s job was made redundant and I accept that the Complainant was entitled to be paid redundancy pursuant to the Redundancy Payments Acts 1967-2014.
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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.
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.
The Complainant withdrew her Complaint under the Unfair Dismissals Acts and no further decision is required. I am satisfied that the Complainant is entitled to a redundancy payment based on the following facts established in evidence: The employment started: September 1st 2010 The employment ended: April 30th 2017 Gross weekly wage : €243.00 The Complainant was made aware of the fact that any award made under the Redundancy Payments Acts is subject to the Complainant having been in insurable employment for the relevant period under the Social Welfare Acts 1952 to 1966. |
Dated: 15th May 2018
Workplace Relations Commission Adjudication Officer: Penelope McGrath
Key Words:
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