ADJUDICATION OFFICER CORRECTION ORDER.
This Correction Order is made pursuant to Section 39(2) of the Organisation of Working Time Act 1997 and/or section 41(16) of the Workplace Relations Act 2015. It should be read in conjunction with the Adjudication Officer Decision which issued on 5 September 2018
Adjudication Reference: ADJ-00013748
Parties:
| Complainant | Respondent |
Anonymised Parties | A Chef | A hotel owner |
Representatives | Self | 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-00018385-001 | 09/04/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act 1973 | CA-00018385-002 | 09/04/2018 |
Date of Adjudication Hearing: 24/08/2018
Workplace Relations Commission Adjudication Officer: Jim Dolan
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 complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
Background:
The Complainant was employed by the Respondent as a Head Chef in a hotel operation. He commenced employment on 05/04/2007 and his last day of employment was 08/01/2018. At the time of his departure from the Respondent’s employment the Complainant was earning a gross wage of €769 per week. The Complainant lodged his complaint with the Workplace Relations Commission (WRC) on 09/04/2018. At the commencement of this hearing the Complainant brought up the subject of the Respondent’s failure to give a notice period or payment in lieu thereof. On consideration of this request as the Adjudication Officer conducting the hearing of the complaint I have decided that the Complaint was made within the requisite time limits and therefore will allow the inclusion of the complaint under the Minimum Notice and Terms of Employment Act, 1973. This complaint will carry the reference number CA - 00018385-002. |
Summary of Complainant’s Case:
The Respondent took over the hotel operation in August 2017. In January 2018 all staff were issued with a letter stating that the hotel would be closing for approximately 6 weeks for renovations and went onto say that all employees should sign on for Jobseekers allowance for this period. In February 2018 it was noticed that a lot of the equipment / fixtures and fittings were being removed from the hotel. In or around April /May of this year all staff were invited to attend a meeting with management and it was stated the hotel would not be re-opening. |
Summary of Respondent’s Case:
The Respondent did not attend the hearing nor did they contact the WRC offering any explanation for their non-attendance. Correspondence in relation to the complaint and hearing were posted to the registered address of the Respondent. |
Findings and Conclusions:
The Complainant is entitled to a Redundancy payment of approximately €13,524. The Complainant is also entitled to 6 weeks payment in-lieu of notice and this amounts to 6 x €769 = €4,614. The Complainant is entitled to any untaken annual leave he had accrued up to his final date of employment. |
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.
The Complainant is owed the amounts shown above and payment should be made to him within 42 days of the date of this notice. |
Dated: 5th September, 2018
Workplace Relations Commission Adjudication Officer: Jim Dolan
Key Words:
Redundancy; Minimum Notice. |
ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00013748
Parties:
| Complainant | Respondent |
Anonymised Parties | A Chef | A hotel owner |
Representatives | Self | 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-00018385-001 | 09/04/2018 |
Date of Adjudication Hearing: 24/08/2018
Workplace Relations Commission Adjudication Officer: Jim Dolan
Procedure:
In accordance with Section 39 of the Redundancy Payments Acts 1967 - 2014 following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
Background:
The Complainant was employed by the Respondent as a Head Chef in a hotel operation. He commenced employment on 05/04/2007 and his last day of employment was 08/01/2018. At the time of his departure from the Respondent’s employment the Complainant was earning a gross wage of €769 per week. The Complainant lodged his complaint with the Workplace Relations Commission (WRC) on 09/04/2018. |
Summary of Complainant’s Case:
The Respondent took over the hotel operation in August 2017. In January 2018 all staff were issued with a letter stating that the hotel would be closing for approximately 6 weeks for renovations and went onto say that all employees should sign on for Jobseekers allowance for this period. In February 2018 it was noticed that a lot of the equipment / fixtures and fittings were being removed from the hotel. In or around April /May of this year all staff were invited to attend a meeting with management and it was stated the hotel would not be re-opening. |
Summary of Respondent’s Case:
The Respondent did not attend the hearing nor did they contact the WRC offering any explanation for their non-attendance. Correspondence in relation to the complaint and hearing were posted to the registered address of the Respondent. |
Findings and Conclusions:
The Complainant is entitled to a Redundancy payment of approximately €13,524. The Complainant is also entitled to 6 weeks payment in-lieu of notice and this amounts to 6 x €769 = €4,614. The Complainant is entitled to any untaken annual leave he had accrued up to his final date of employment. |
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.
The Complainant is owed the amounts shown above a payment should be made to him within 42 days of the date of this notice. |
Dated: 5th September, 2018
Workplace Relations Commission Adjudication Officer: Jim Dolan
Key Words:
Redundancy |