ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00022627

Parties:

	Complainant	Respondent
Anonymised Parties	A Chef de Partie	A Restaurant

Representatives

Shonagh Byrne SIPTU

No attendance

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-00029471-001	04/07/2019
of the Complaint seeking adjudication by the Workplace Relations Commission under section 7 Terms of Employment (Information) Act, 1994	CA-00029471-002	04/07/2019
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973	CA-00029471-003	04/07/2019

Date of Adjudication Hearing: 01/10/2019

Workplace Relations Commission Adjudication Officer: Michael McEntee

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 ;Section 39 of the Redundancy Payments Acts 1967 – 2014: Section 7 Terms of Employment (Information) Act, 1994 andSection 11 of the Minimum Notice & Terms of Employment Act, 1973following 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 issues in contention concern the alleged Redundancy, Non-Provision of a Contract of Employment and failure to pay Statutory Minimum Notice to the Complainant following the closure of a Restaurant where he had been employed.

1: Summary of Complainant’s Case:

Act	Complaint/Dispute Reference No.	Summary Complaint
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967	CA-00029471-001	The Complainant commenced employment on the 13/06/2016. He was informed on the 11th May 2019 ( in a letter dated the 11th April) that the Respondent Restaurant was closing for business on the 26th May 2019. He was offered a transfer to the main Hotel premises but his was unsuitable as there was no work available or suitable for him there. He received no further communication from the Respondent employer since the 11th May 2019. His Trade Union SIPTU made several efforts to contact the Respondent but to no avail. He is due Statutory Redundancy for the period of his employment.
of the Complaint seeking adjudication by the Workplace Relations Commission under section 7 Terms of Employment (Information) Act, 1994	CA-00029471-002	The Complainant did not receive any written contract of employment or statement of terms and conditions during his period of employment.
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973	CA-00029471-003	The Complainant did not receive any Statutory Minimum Notice on the ending of his employment.

2: Summary of Respondent’s Case:

The Respondent did not attend the Hearing.

I was satisfied that Proper Notice had been served on the Respondent.

Accordingly, no Respondent rebuttal evidence was available to the Hearing.

3: Findings and Conclusions:


Act	Complaint/Dispute Reference No.	Adjudication Findings and Conclusions.
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967	CA-00029471-001	In the absence of Respondent arguments and having heard and read the credible Oral and Written employment evidence from the Complainant I must come to the Conclusion that the Complainant is due Statutory redundancy at the rate of € 427.50 per week for the period from 13 June 2016 to the 28th May 2019. The final calculation to be in keeping with the Rules and Regulations of the Department of Social Protection.
of the Complaint seeking adjudication by the Workplace Relations Commission under section 7 Terms of Employment (Information) Act, 1994	CA-00029471-002	No Contract of Employment was presented in evidence and it was clear that on the balance of probability none had ever issued. I award the sum of €800 to the Complainant as Compensation for the Breach of this Statutory Right.
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973	CA-00029471-003	No Statutory Notice appeared to have been paid. Accordingly, I award two weeks minimum notice at the rate of € 427.50 per week , equal to the Sum of €855 Euro to the Complainant.

4: Decision:

Section 41 of the Workplace Relations Act 2015 ; Section 39 of the Redundancy Payments Acts 1967 – 2014: Section 7 Terms of Employment (Information) Act, 1994 andSection 11 of the Minimum Notice & Terms of Employment Act, 1973 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions of the cited Acts.


Act	Complaint/Dispute Reference No.	Summary Decision /Please refer to Section Three above for Reasoning.
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967	CA-00029471-001	Statutory redundancy is due at the rate of € 427.50 per week for the period from 13 June 2016 to the 28th May 2019. Final calculation to be per the Department of Social Protection Regulations.
of the Complaint seeking adjudication by the Workplace Relations Commission under section 7 Terms of Employment (Information) Act, 1994	CA-00029471-002	Compensation of €800 is awarded as Compensation for breach of this Statutory right.
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973	CA-00029471-003	Two weeks Statutory Minimum Notice ( € 427.50 x 2 = € 855 ) are due to the Complainant.

Taxation

The Taxation of any of the above awards to be subject to the advice of the Revenue Commissioners.

Dated: 4th December 2019

Workplace Relations Commission Adjudication Officer: Michael McEntee