ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00014067
Parties:
| Complainant | Respondent |
Anonymised Parties | A hotel worker | A hotel |
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-00018461-001 | 11/04/2018 |
Date of Adjudication Hearing: 13/07/2018
Workplace Relations Commission Adjudication Officer: Jim Dolan
Procedure:
In accordance with Section 39 of the Redundancy Payments Acts 1967 - 2014following 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 Housekeeping Supervisor in a hotel operation. She commenced employment on 24/03/2008 and her last day of employment was 07/01/2018. At the time of her departure from the Respondent’s employment the Complainant was earning a gross wage of €330.98 per week. The Complainant lodged her complaint with the Workplace Relations Commission (WRC) on 11/04/2018. |
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 legally entitled to a statutory redundancy payment and has an entitlement to 4 weeks’ pay in-lieu of notice. Any untaken holiday entitlement accrued at the time of closure should be paid to the Complainant. |
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.
Payments outlined above should be paid to the Complainant within 42 days of this decision. |
Dated: September 11th 2018
Workplace Relations Commission Adjudication Officer: Jim Dolan
Key Words:
Redundancy. |