ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00035879
Parties:
| Complainant | Respondent |
Parties | Tracy Byrne | Martella Foods Services limited t/a Bliss Cuisine |
Representatives |
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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-00047071-001 | 09/11/2021 |
Date of Adjudication Hearing: 24/06/2022
Workplace Relations Commission Adjudication Officer: Niamh O'Carroll
Procedure:
In accordance with 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’s role was made redundant during the pandemic. The respondent does not contest the claim but states that he has no money to pay the redundancy. |
Summary of Complainant’s Case:
The Complainant commenced working on the 29.06.2005. Then she worked for Jean Martella. In or around 2009 the entity became a limited company, Martella foods Services Limited. All the of staff and business transferred to the limited company. She worked in the Newlands Golf club. In November 2019 the company was informed that the franchise was ending, and the contract was being put out to tender. Then the pandemic started, and everything closed. In June 2020 Respondent informed staff that the business was closed permanently as it had lost the franchise. She formally finished on the 30th March 2020. The staff made efforts to get their redundancy money but the Respondent wasn’t corresponding with them. They got advice to file a claim with the WRC. |
Summary of Respondent’s Case:
Mr. Wang appeared on behalf of the Respondent. He does not contest the claim. He stated that he does not have any money. He lost his phone and all of the staff details were in it. He couldn’t contact them after that. |
Findings and Conclusions:
I am satisfied based on the uncontested evidence of the Complainant that her role was made redundancy on the 30.03.2020. The complaint is well founded. The Complainant is entitled to a redundancy payment based on the following details. Commencement date: 29.06.2005 Termination date: 30.03.2020 Weekly salary : € 568.10 |
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 complaint is well founded. The Complainant is entitled to a redundancy payment based on the information set out above. |
Dated: 5th July, 2022
Workplace Relations Commission Adjudication Officer: Niamh O'Carroll
Key Words:
Redundancy. Non contested. |