ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00020218
Parties:
| Complainant | Respondent |
Anonymised Parties | A Duty Manager | A Hotel |
Representatives | In person | Did not attend |
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-00026725-001 | 01/03/2019 |
Date of Adjudication Hearing: 19/09/2019
Workplace Relations Commission Adjudication Officer: Andrew Heavey
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:
The complainant was employed by the respondent from 18th April 2016 until 31st December 2018. The complaint was submitted to the Workplace Relations Commission (WRC) on 1st March 2019 and relates to the non-payment of redundancy entitlements. |
Summary of Complainant’s Case:
The complainant contends that he was informed on or about the 27th December 2018 that the Hotel in which he worked had been sold and was closing but would re-open within four weeks. The complainant stated that the respondent outlined to him that he could apply for a redundancy payment if the Hotel remained closed after the four-week period. The complainant stated that he emailed the respondent on 7th February 2019 seeking his redundancy entitlements as advised but was informed that the new owner of the Hotel would be offering him employment on 23rd February 2019 and in those circumstances, the respondent stated that there was no redundancy payment due to the complainant. The complainant submitted his complaint to the WRC on 1st March 2019 as the Hotel had not re-opened as planned and he had been unemployed since on or about 31st December 2018. |
Summary of Respondent’s Case:
The respondent did not attend the adjudication hearing and was not represented. |
Findings and Conclusions:
I note that the written notification to the respondent of the time, date and venue of the adjudication hearing was returned to the WRC on 25th July 2019 marked “No Access.” The complainant was contacted by an Officer of the WRC in relation to this and clarified that it was his understanding that the employer had emigrated. Having considered the complainant’s submission and evidence, I am satisfied that his employment ended by reason of redundancy on 31st December 2018 and that the complaint is well founded. |
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.
The complainant is entitled to a redundancy payment as follows: Date of commencement of employment: 18th April 2016 Date of cessation of employment: 31st December 2018 Gross weekly rate of pay: €538.46 The entitlement to a redundancy payment is based on the complainant having been in insurable employment within the meaning of the Social Welfare Acts for the relevant period. |
Dated: 14th January 2020
Workplace Relations Commission Adjudication Officer: Andrew Heavey
Key Words:
Redundancy entitlements |