ADJUDICATION OFFICER DECISION.
Adjudication Reference:
Parties:
| Complainant | Respondent |
Parties |
| Complainant | Respondent |
Anonymised Parties | A kitchen porter | A public house |
Representatives |
|
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
CA-00027975-001 |
Date of Adjudication Hearing:
Workplace Relations Commission Adjudication Officer:
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 as a kitchen porter for the Respondent from 12th May 2014 until the Respondent ceased trading on 15th February 2019. The Complainant worked 15 hours per week for which she was paid €150 gross per week. The Complainant has also lodged complaints under section 11 of the Minimum Notice and Terms of Employment Act, 1973 and section 27 of the Organisation of Working Time Act, 1977 – the decision in relation to these two complaints will be issued under ADJ – 00023535. |
Summary of Complainant’s Case:
The Complainant contends that her position became redundancy when her employer ceased trading. |
Summary of Respondent’s Case:
The Respondent does not dispute the facts presented by the Complainant. |
Findings and Conclusions:
Section 7 (2) of the Redundancy Payments Act 1967 reads as follows: 7(2) …….., an employee who is dismissed shall be taken to be dismissed by reason of redundancy if the dismissal is attributable wholly or mainly to – (a) The fact that his employer has ceased, or intends to cease, to carryon the business for the purposes of which the employee was employed by him, or has ceased or intends to cease, to carry on that business in the place where the employee was so employed, or (b) The fact that the requirement of that business for employees to carry out work of a particular kind, or for employees to carry out work of a particular kind in the place where he was so employed have ceased or diminished or are expected to cease or diminish. In this instant case the company ceased trading and the Complainant is entitled to a statutory redundancy payment. I have calculated this payment to be €1,581.00 The Respondent should now make this payment to the Complainant within 42 days from the date of this decision.
|
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint 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.
As outlined above. |
Dated: 10.9.2019
Workplace Relations Commission Adjudication Officer:
Key Words:
Redundancy Payments Act |