ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00018459
Parties:
| Complainant | Respondent |
Anonymised Parties | A Waitress/Kitchen Staff Member | A Sandwich Bar |
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-00023696-001 | 03/12/2018 |
Date of Adjudication Hearing: 16/09/2019
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 39 of the Redundancy Payments Acts 1967 - 2014following 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 Complainants employment ceased when the business was sold and she is claiming redundancy. |
Summary of Complainant’s Case:
The Complainant was employed from October 15th 2006 until August 31st 2018 as a Waitress/Kitchen Staff Member. The Complainant believes that a Transfer of Undertaking took place in or around the end of August 2018 and she did not get a new contract by the new employer and her hours and pay were reduced by the new employer. The Complainant left the new employment on October 31st 2018 as a result of these changes. The new business was not registered until January 2019 and there is no evidence of a Transfer of Undertaking. The Complainant received a P45 on August 31st 2018 by the Respondent but was not paid redundancy. The Complainant earned 350 Euros per week and worked 27.5 hours per week. The Complainant is seeking a redundancy payment. |
Summary of Respondent’s Case:
A complaint was received by the Director General of the Workplace Relations Commission on December 3RD 2018 alleging that the Respondent contravened the provisions of 7.1 of the Act in relation to her. The said complaint was referred to me for investigation. A hearing for that purpose was held on September 16th 2019. There was no appearance by or on behalf of the complainant at the Hearing. I am satisfied that the said complainant was informed in writing of the date, time and place at which the Hearing to investigate the complaint would be held |
Decision:
Section 39 of the Redundancy Payments Acts 1967 – 2012 requires that I make a decision in relation to the Complainants presented under that Act.
Based on the uncontested evidence of the Complainant I award her the following;
I find that the Complainants employment was terminated without notice and based on the evidence provided, which was uncontested, the operation of the Respondents ownership of the business ceased on August 31st 2018 and the Complainants employment was terminated due to redundancy.
Under Section 7.1.(b) of the Act the Complainant is entitled to redundancy providing “she was an employed contributor in employment which was insurable for all benefits under the Social Welfare Acts 1952 to 1966 immediately before the of her termination of employment, or had ceased to be ordinarily employed in employment which was so insurable in the period of two years ending on that date”.
Date of Commencement; October 15th 2006 Date of Termination: August 31st 2018 Rate of pay Gross per week; 310 Euros.
I award the Complainant a redundancy payment of two weeks pay per year of service (or part thereof) plus a week. |
Dated: 3rd October 2019
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Key Words:
Redundancy claim |