ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00012225

	Complainant	Respondent
Anonymised Parties	A Duty Manager	Did not attend

Representatives

In person

Did not attend

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-00016158-001	06/12/2017

Date of Adjudication Hearing: 25/01/2018

Workplace Relations Commission Adjudication Officer: Michael Hayes

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and/or Section 39 of the Redundancy Payments Acts 1967 - 2014following 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).

Background:

The respondent employed the complainant as a duty manager in the period from 1st of August 2010 until the 9th of December 2016. He was paid €485.88 and worked 39 hours per week. the parties were notified of the time, date and venue set for the hearing.

Summary of Complainant’s Case:

The complainant submits that he was dismissed by way of redundancy on the 9th of December 2016 when the business closed without notice. His attempts to engage the respondent in the matter were totally unsuccessful .

Decision:

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

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.

Based on the uncontested evidence adduced at hearing I find that the complaint is well founded. The complainant has a statutory entitlement to redundancy pay based on the provisions of the Act and the information supplied above.

Dated: 09.05.2018

Workplace Relations Commission Adjudication Officer: Michael Hayes