ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00036406
Parties:
| Complainant | Respondent |
Parties | Sandra Clarke | Camrue Catering Limited T/a Becketts Hotel |
Representatives | Self | John Delaney |
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-00046791-001 | 22/10/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00046791-002 | 22/10/2021 |
Date of Adjudication Hearing: 09/08/2022
Workplace Relations Commission Adjudication Officer: John Harraghy
Procedure:
In accordance with Section 41 of the Workplace Relations ACT 2015 and section 39 of the Redundancy Payments Acts 1967 - 2014 following the referral of the complaint(s) to me by the Director General, I inquired into the complaint(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s). On the morning of the hearing the respondent requested a remote hearing due to COVID-19 matters and this was facilitated. Mr John Delaney and Ms Vanessa Goode logged in remotely as the respondent’s representatives. Ms Sandra Clarke and a friend, Mr John Ward attended in person with the Adjudication Officer.
On the morning of the hearing the respondent’s representative submitted a letter to the WRC in which he confirmed that he wished to concede the complainant’s claim for statutory redundancy and outlined that he intended to contact the complainant “directly with regard to the payment of the amount owed.”
Background:
The complainant was employed as a restaurant supervisor with the respondent from 29/05/2006. Due to COVID-19 she was laid off in March 2020 up to July 2021. She was paid €545.00 gross per week (€460.00 net) and worked 40 hours per week. |
Summary of Complainant’s Case:
The complainant was employed as a restaurant supervisor from 29/05/2020. She was laid off in March 2020 due to the COVID-19 pandemic. The business remained closed, and the complainant submitted evidence of her attempts to engage with the respondent to seek clarity on what was happening. As there was a lack of clarity in relation to the business the complainant submitted her complaint to the WRC on 22/10/2021. |
Summary of Respondent’s Case:
The respondent issued a letter to the WRC on the morning of the hearing. In this letter the respondent confirmed that the complainant was owed statutory redundancy payment of €17,280.23 based on the complainant’s start date and date of termination of employment. The respondent also conceded that the complainant was entitled to this payment under the Redundancy Payment acts. The respondent also confirmed that it is their intention to contact the complainant directly “with regard to a payment schedule for the amount owed.” |
Findings and Conclusions:
CA-00046791-001: This is a complaint seeking adjudication by the WRC under Section 39 of the Redundancy Payments Acts, 1967. There was no dispute in relation to the complainant’s employment dates, rate of pay or the respondent’s legal entity. As there is no dispute in relation to the validity of the claim or the amount owed this complaint is upheld and the complainant is entitled to statutory redundancy payment under the Redundancy Payment Acts 1967 – 2012 based on the following criteria: Date of commencement: 29/05/2006 Date of termination: 15/03/2020 Gross weekly wage: €545.00 This award is made subject to the complainant having been in insurable employment during the relevant period. CA-00046791-002: This is a complaint seeking adjudication by the WRC under Section 12 of the Minimum Notice and Terms of Employment Act, 1973. As the complainant has claimed redundancy, she is deemed to have left her employment voluntarily and therefore lost her right to notice from her employer. In those circumstances I find that this complaint is not well founded.
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Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s) 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.
CA-00046791-001: I find that the complainant’s appeal against the non-payment of a statutory redundancy payment by the respondent, Camrue Catering Ltd is upheld. The following are the criteria used for the calculation of that payment: Date of commencement: 29/05/2006 Date of termination: 15/03/2020 Gross weekly Pay: €545.00 Any period in which the complainant was in receipt of PUP payment is classed as non-reckonable break in service. CA-00046791-002: I find that this complaint is not well founded. |
Dated: 17-08-22
Workplace Relations Commission Adjudication Officer: John Harraghy
Key Words:
Redundancy. COVID-19 |