ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00017124

Parties:

	Complainant	Respondent
Anonymised Parties	A Waitress	A Restaurant

Representatives

Alan Ledwith instructed by Eric Gleeson Solicitor

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-00022207-001	27/09/2018

Date of Adjudication Hearing: 05/04/2019

Workplace Relations Commission Adjudication Officer: Louise Boyle

Procedure:

In accordance with Section 39 of the Redundancy Payments Acts 1967 - 2014following 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 claimed that that she did not receive her redundancy entitlements.

Summary of Complainant’s Case:

The complainant worked as a waitress and commenced employment on 12/5/2000 and her employment ended on 16/6/2018 when the respondent ceased to operate.

The complainant claimed that she was not paid her redundancy entitlements.

Summary of Respondent’s Case:

The respondent is registered as a voluntary non-profit making organisation and ceased trading as there was nobody to take it over when the voluntary Treasurer had to step down. It was accepted that the complainant had not received redundancy.

Findings and Conclusions:

Section 7(1) provides that:

An employee, if he is dismissed by his employer by reason of redundancy or is laid off or kept on short-time for the minimum period, shall, subject to this Act, be entitled to the payment of moneys which shall be known (and are in this Act referred to) as redundancy payment provided—

(a) he has been employed for the requisite period, and

(b) he was an employed contributor in employment which was insurable for all benefits under the Social Welfare Acts, 1952 to 1966, immediately before the date of the termination of his employment, or had ceased to be ordinarily employed in employment which was so insurable in the period of two years ending on that date.

It was accepted by the respondent that the complainant was entitled to redundancy. Based on the evidence, I find that the appeal under the Redundancy Payments Acts 1967 to 2007 succeeds and award the complainant a redundancy lump sum based on the following:

Date of Commencement: 12/5/2000

Date of Termination: 16/6/2018

Gross Weekly Pay: €100.00

This award is subject to the complainant having been in employment which is insurable for all purposes under the Social Welfare Consolidation Acts.

Decision: 31^st May 2019

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 find that the appeal under the Redundancy Payments Acts 1967 to 2007 succeeds and award the complainant a redundancy lump sum based on the following: