ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00014578
Parties:
| Complainant | Respondent |
Anonymised Parties | An Employee | A bistro |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00018019-001 | 14/03/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00018019-002 | 14/03/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00018019-003 | 14/03/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00018019-004 | 14/03/2018 |
Date of Adjudication Hearing: 27/07/2018
Workplace Relations Commission Adjudication Officer: Niamh O'Carroll Kelly BL
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 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.
Withdrawn
The complainant withdrew CA 00018019 – 001 & 003. |
Summary of Complainant’s Case:
The complainant commenced work with the respondent on the 28.03.2005. The business was run by a gentleman and his son. In Early October, 2017 the gentleman died. The son decided that he did not want to run the business and told all the employees that he was closing the business and he was making them all redundant. They were paid all their wages, holiday etc but they were not paid any redundancy monies or their minimum notice. The business has since been sold. |
Summary of Respondent’s Case:
No Appearance |
Findings and Conclusions:
CA 18019 - 002 I find that a genuine redundancy situation existed and that the complainant is entitled to redundancy and minimum notice pay. Start date: 28.03.2005 End date: 06.10.2017 Gross weekly: €192.15
CA 18019- 004 Minimum Notice & Terms of Employment Act, 1973 S4.—(1) An employer shall, in order to terminate the contract of employment of an employee who has been in his continuous service for a period of thirteen weeks or more, give to that employee a minimum period of notice calculated in accordance with the provisions of subsection (2) of this section.
(2) The minimum notice to be given by an employer to terminate the contract of employment of his employee shall be— (d) if the employee has been in the continuous service of his employer for ten years or more, but less than fifteen years, six weeks, The complainant is entitled to six weeks notice amount to € 1,152.90 |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.
CA 18019- 004 The claim succeeds. I award the complainant € 1,152.90.00
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.
CA 18019 – 002. The claim succeeds.
Dated: 06/09/2018
Workplace Relations Commission Adjudication Officer: Niamh O'Carroll Kelly
Key Words: