ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00011776
Parties:
| Complainant | Respondent |
Anonymised Parties | A restaurant worker | A restaurant |
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-00015645-001 | 07/11/2017 |
Date of Adjudication Hearing: 12/12/2018
Workplace Relations Commission Adjudication Officer: Shay Henry
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and/or 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 worked in the respondent’s restaurant and was terminated without a redundancy payment. |
Summary of Complainant’s Case:
The complainant worked for the respondent in a restaurant. He was dismissed due to redundancy on 18th March 2017 and did not receive any redundancy payment. |
Summary of Respondent’s Case:
The respondent was not represented at the hearing. |
Findings and Conclusions:
I am satisfied that the respondent was on notice of the hearing as the respondent was informed by letter of the hearing on 25th October 2018. In the absence of evidence to the contrary I accept the evidence given at the hearing by the complainant. In the tax year preceding the redundancy the complainant’s weekly wage was €238. |
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 complaint under Section 39 of the Redundancy Payments Act is upheld and I order the respondent to pay the complainant the statutory redundancy payment calculated in accordance with the Act, based on the employment period from 12th September 2001 until 18th March 2017, and based on a weekly wage of €238 subject to the complainant having been in insurable employment for the relevant period under the Social Welfare Acts. |
Dated: 16/01/19
Workplace Relations Commission Adjudication Officer: Shay Henry
Key Words:
Redundancy not paid. |