ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00014210
Parties:
| Complainant | Respondent |
Anonymised Parties | A Kitchen Worker | A Take Away |
Representatives | Self Represented | Not present |
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-00018975-001 | 04/05/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00018975-002 | 04/05/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00018975-003 | 04/05/2018 |
Date of Adjudication Hearing: 03/09/2018
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 39 of the Redundancy Payments Acts 1967 - 2014 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).
Background:
The Complainant was seeking payment of redundancy and notice pay. |
Summary of Complainant’s Case:
The Complainant was employed as a Kitchen Worker from a date in November 2009 to January 28th 2018. The Complainant was paid 9.70 Euro per hour for a 19 hour week. The Complainants employment was terminated without notice due to the business closing and she was not paid redundancy due or notice pay and she was not provided with any statement of affairs that showed the Respondent could not pay the payments due.
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Summary of Respondent’s Case:
The Respondent was not present at the Hearing. |
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.
Subject to the Complainant having been in employment which was insurable for all purposes under the Social Welfare Acts, I find that the claim under the Redundancy Payments Acts 1967-2007 succeeds and I award the Complainant a redundancy Lump Sum of two weeks per year of service (or part thereof) plus a week on the following basis (Claim Reference No CA-00018975-001); Date of Commencement; December 1st 2009 (precise date in November 2009 was not established) Date of Termination:; January 28th 2018 Gross Weekly Wage ; 184.30 Euros
With regard to Claim Reference No CA-00018975-002 I find that the Complainant was not given any statement of affairs to show that the Respondent was not in a position to pay the Redundancy but find that no award is appropriate for this claim. With regard to Claim Reference No CA-00018975-003 I find that the Complainant was not paid the Minimum Notice due undersection 4 (2C) of the Minimum Notice and Terms of Employment Act 1993 and is entitled under that section as she had between five and ten years service, to a total of 4 weeks notice pay at 184.30 per week. |
Dated: 9 November 2018
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Key Words:
Redundancy |