ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00016425
Parties:
| Complainant | Respondent |
Anonymised Parties | Barman | Hotel |
Representatives | Self represented | No appearance |
Complaint:
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 9 of the Protection of Employees (Employers’ Insolvency) Act, 1984. | CA-00021276-001 | 22/08/2018 |
Date of Adjudication Hearing: 29/01/2019
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Decision:
The Complainant worked as a barman / front of house employee for a hotel from 12th December 1991 to December 2016 when the hotel went out of business. The Complainant’s RP50 form was to have been submitted by the Accountant for the winding up of the business. However, in early 2018 the Complainant discovered that his redundancy claim was not processed. By letter of 23rd July 2018 he was informed that his redundancy payment claim was out of time.
The Complainant referred the within complaint which was received on 22nd August 2018.
In accordance with Section 9 (1) (a) of the Protection of Employees (Employers’ Insolvency) Act 1984, as amended, the Director General of the Workplace Relations Commission has referred the complaint to me for adjudication. Having heard the evidence of the Complainant I find, as provided for in Section 9 (4) as amended, that the Minister is liable to make a payment of €10,000 under Section 6 of the Act, as amended.
Dated: 15th February 2019
Workplace Relations Commission Adjudication Officer: Gaye Cunningham