ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00004167, 5383, 5374, 3845

Complaint(s)/Dispute(s) for Resolution:

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-00005701-001	07/07/2016

Date of Adjudication Hearing: 04/01/2017

Workplace Relations Commission Adjudication Officer: John Tierney

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 [and/or Section 8(1B) of the Unfair Dismissals Act, 1977, and/or Section 9 of the Protection of Employees (Employers’ Insolvency) Act, 1984, and/or Section 79 of the Employment Equality Act, 1998, and/or Section 25 of the Equal Status Act, 2000] 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).

Complainant’s Submission and Presentation:

My Employer has refused to pay my redundancy and is not returning my calls. He claims he has no money. However he is opening a new restuarant in the city centre.

The Claimants were employed in the Respondent’s restaurant for a number of years. In March 2016 they received a letter informing them that the jobs were gone as the restaurant was closing. They were informed that there was no money to pay redundancy.

Respondent’s Submission and Presentation:

The Respondent stated that his restaurant was in a Food Hall which was closing and he had to leave. He stated that he had a verbal conversation with the Claimants advising them that their jobs would be available when he opens his new restaurant. Three other staff transferred to the new restaurant when it opened but the Claimant did not.

Decision:

Section 41(4) 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.

I have considered the submissions made by the parties. The Respondent closed his restaurant in March 2016 and opened a new restaurant in November 2016, a period of nine months. He did not lay the Claimants off nor did he pay them. I therefore find that the Claimants are entitled to a redundancy payment under the Redundancy Payments Act 1967.

I find the claims well founded.

Dated: 22.10.18