ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00035636
Parties:
| Complainant | Respondent |
Parties | Wioletta Masiewicz | Millconan Limited Dijon Caffe |
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-00046811-001 | 22/10/2021 |
Date of Adjudication Hearing: 25/10/2022
Workplace Relations Commission Adjudication Officer: Shay Henry
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and/or Section 39 of the Redundancy Payments Acts 1967 - 2014following 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, Ms Wioletta Masiewicz commenced working for the respondent on 20th October 2007. The Café remained closed since the pandemic lockdown in October 2020. The complainant sought redundancy in October 2021 but received no reply. The complainant attended the hearing and gave evidence under oath/affirmation with the assistance of an interpreter Ms Maja Janeck, who also took an oath/affirmation. The respondent did not attend the hearing and was not represented. |
Summary of Complainant’s Case:
The complainant, Ms Wioletta Masiewicz commenced working for the respondent on 20th October 2007. The Café was closed in October 2020 due to the pandemic and remained closed since that time. The complainant sought redundancy in October 2021 but received no reply. The complainant did not keep a copy of form RP77 but confirms that it was sent to the respondent in October 2021. No response was received. |
Summary of Respondent’s Case:
The respondent did not attend the hearing. I am satisfied that the respondent was on notice of the hearing, that the non-attendance has not been explained to my satisfaction. |
Findings and Conclusions:
The respondent did not attend the hearing. I am satisfied that the respondent was on notice of the hearing, that the non-attendance has not been explained to my satisfaction. I therefore allow the complainant’s appeal. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(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.
The appeal is allowed and I order the respondent to pay the complainant the statutory redundancy payment calculated in accordance with the Act, based on the employment period from 20th October 2007 until 1 October 2021, and based on a weekly wage of €376, with a non-reckonable period of service due to lay-off from 1 October 2020 until 1 October 2021. This is subject to the complainant having been in insurable employment for the relevant period under the Social Welfare Acts. |
Dated: December 5th 2022
Workplace Relations Commission Adjudication Officer: Shay Henry
Key Words:
Redundancy, non-appearance |