ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00013754
Parties:
| Complainant | Respondent |
Anonymised Parties | A Bar Manager | A Hotel |
Representatives |
|
|
Complaint:
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-00018429-001 | 10/04/2018 |
Date of Adjudication Hearing: 21/11/2018
Workplace Relations Commission Adjudication Officer: Pat Brady
Procedure:
In accordance with 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:
|
Summary of Complainant’s Case:
The complainant had been employed as the Bar Manager in the respondent hotel for eleven years, from January 1st, 2007 until January 8th 2017.
In August 2017 ownership of the hotel transferred to the current respondent and the complainant and his colleagues were transferred under the Transfer of Undertakings Regulations.
The business continued to trade until January 2018.
At that stage the complainant and his co-workers were placed on lay-off, initially for a period of three months from January 8th. (This had been a normal seasonal closedown)
On February 18th this was extended by a further six months.
In May a meeting took place with the respondent at which the workforce was told that the hotel would not be re-opening but that the company had no funds to make redundancy payments.
While the complainant made reference to the service of Form RP 50 he was unclear as to the details.
He now seeks a redundancy payment on the basis of his entitlements under the Redundancy Payments Act. |
Summary of Respondent’s Case:
The respondent did not attend the hearing. This was one of a number of hearings involving the respondent and its former employees (the complainant’s former colleagues) and the complainant gave evidence that the respondent did not attend those (with one exception).
No acceptable explanation was provided for the failure to attend. |
Findings and Conclusions:
On the basis of the facts presented at the hearing I find that the complainant was made redundant and is entitled to a redundancy payment.
|
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.
I uphold CA-00018429-001 and award the complainant a payment under the Redundancy Payments Act, 1967 based on his inclusive service from January 1st 2007 to January 8th 2018, based on his weekly wage of €448.00 per week. |
Dated: 21/01/19
Workplace Relations Commission Adjudication Officer: Pat Brady
Key Words:
Redundancy |