ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00012273

Parties:

	Complainant	Respondent
Anonymised Parties	A Chef	A Pub/Restaurant

Representatives

Self-represented.

No appearance.

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-00016187-003	07/12/2017

Date of Adjudication Hearing: 17/07/2018

Workplace Relations Commission Adjudication Officer: Michael McEntee

Procedure:

In accordance with 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 case concerns a Chef and his claim for Redundancy against a Pub/Restaurant.

1: Summary of Complainant’s Case:

The Complainant was employed from October 2013 to June 2017. The Respondent business went into receivership and the employees were all laid off. They were informed by meeting and letter of the 5th July 2017 that they would receive Statutory redundancy. To the date of the Oral Hearing nothing had been paid.

2: Summary of Respondent’s Case:

Did not attend and was not represented at the Oral Hearing. Limited correspondence, that had passed to the Complainant, was available

3: Findings and Conclusions:

Based on the evidence presented, both Oral and Written, there is no doubt that a valid Redundancy claim exists.

I, accordingly, find in the Complainant’s favour.

A Statutory Redundancy Lump sum, calculated by the Regulations of the Department of Social Protection, is to be paid as soon a possible to the Complainant.

4: 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.

Act	Complaint/Dispute Reference No.	Summary Decision /Refer to Section 3 above for detailed reasoning.
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967	CA-00016187-003	Statutory Redundancy as calculated by the Dept. of Social Protection is due to the Complainant.

Dated: 3rd October 2018

Workplace Relations Commission Adjudication Officer: Michael McEntee