ADJUDICATION OFFICER DECISION.
Adjudication Reference: ADJ-00025153
Parties:
| Complainant | Respondent |
Anonymised Parties | A chef | A restaurant |
Representatives | Self | Did not attend. |
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-00031975-001 | 04/11/2019 |
Date of Adjudication Hearing: 17/12/2019
Workplace Relations Commission Adjudication Officer: Jim Dolan
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 a chef at the Respondents premises from 14/08/2012 until 30/09/2019. She worked 30 hours per week for which she earned € 420.50 gross per week. |
Summary of Complainant’s Case:
The Complainant informed the hearing that she had worked in the Respondent’s restaurant from 14th August 2012 until 30th September 2019. On or about 16th September 2019 the Respondent informed the Complainant that “he was closing the doors” in two weeks’ time. It should be noted that the Respondent only took over the restaurant on 1st July 2019, the Complainant transferred from the previous owner’s employment on this date and this transfer was covered by the European Communities (Protection of Employees on Transfer of Undertaking) Regulations 2003, (S.I.131/2003). |
Summary of Respondent’s Case:
The Respondent did not attend the hearing of the complaint. I am satisfied that Respondent received correspondence in relation to date, time and venue for the hearing of the complaint. Such correspondence was sent in a timely manner. |
Findings and Conclusions:
From the uncontested evidence adduced at hearing I am satisfied that the Complainant is due a statutory redundancy payment. The Complainant worked a chef at the Respondents premises from 14/08/2012 until 30/09/2019. She worked 30 hours per week for which she earned € 420.50 gross per week. I now order the Respondent to make this statutory redundancy payment to the Complainant in accordance with the above an on the basis that she was in insurable employment for the relevant period. |
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: 21st August 2020
Workplace Relations Commission Adjudication Officer: Jim Dolan
Key Words:
Redundancy Payments Acts 1967 – 2012. |