ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00024830
Parties:
| Complainant | Respondent |
Anonymised Parties | A Chef | A Hotel |
Representatives | An Accountant | Not present |
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-00031540-001 | 13/10/2019 |
Date of Adjudication Hearing: 12/03/2020
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Procedure:
In accordance Section 39 of the Redundancy Payments Acts 1967 - 2014 following 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 Complainant was seeking payment of statutory redundancy when the Company he worked for ceased operations. |
Summary of Complainant’s Case:
The Complainant was employed as a Chef from May 1st 2016 to December 31st 2018. He worked for 40 hours a week and earned 509.74 Euros per week on average. The Respondent notified staff that they were ceasing operations but that a new owner might take over the business. This never happened. The Complainant stated that the owner was now living abroad. The Complainant is seeking payment of the statutory redundancy due. |
Summary of Respondent’s Case:
A Complaint was received by the Director General of the Workplace Relations Commission by the Complainant on October 13th 2019 alleging that his former employer contravened the provisions of the Redundancy Payments Acts 1967 in relation to him. The said complaint was referred to me for investigation. A Hearing for that purpose was held on March 12th 2020. There was no appearance by or on behalf of the Respondent at the Hearing. I am satisfied that the WRC made very reasonable efforts to contact the said Respondent in writing of the date, time and place at which the Hearing to investigate the complaint would be held and the Respondent was not present at the Hearing. |
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. Based on the uncontested evidence of the Complainant I allow the Complainants appeal and I award him statutory redundancy on the following basis; Section 4.(1) of the Act states “Subject to this section and to section 47 this Act shall apply to employees employed in employment which is insurable for all benefits under the Social Welfare Acts, 1952 to 1966 and to employees who were so employed in such employment in the period of two years ending on the date of termination of employment.” Therefore, subject to the Complainant being in employment which was insurable for this purpose under the Social Welfare Acts, and subject to being confirmed by the appropriate Government Agency, the Complainant is entitled to a redundancy payment of two weeks per year (or part thereof) plus a week on the following basis;
Date of Commencement; May 1st 2016 Date of Reckonable Service for Redundancy Payment Ceasing on: December 31st 2018 Gross Weekly Wage: 509.74 Euros The Complainants period of “Reckonable Service” is defined by Schedule 3 of the Act and does not include any period of absence from work due to lay off by the employer. |
Dated: 26th March 2020
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Key Words:
Redundancy Pay |