ADJUDICATION OFFICER DECISION.

Adjudication Reference: ADJ-00041531

Parties:

	Complainant	Respondent
Parties	Tony Noble	Claire Noble Beaumont Bakery

	Complainant	Respondent
Anonymised Parties

Representatives

In person.

Company owner.

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-00052719-001	08/09/2022

Date of Adjudication Hearing: 29/03/2023

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 was employed by the Respondent from 1st January 2000 until 3rd September 2022. The Complainant was employed as a Baker, working 40 hours per week, and earned €634.80 per week.

This complaint was received by the Workplace Relations Commission on 8th September 2022.

Summary of Complainant’s Case:

The Complainant contends that when the bakery ceased trading the owner was not in a position to pay him a statutory redundancy payment.

Summary of Respondent’s Case:

The owner of the business who attended the hearing stated that she did not have the financial resources to pay the Complainant his statutory redundancy payment.

Findings and Conclusions:

There is no question that the Complainant is entitled to a statutory redundancy payment.

The following information is required to calculate his statutory entitlement:

Employer’s name: Ms Claire Noble t/a Beaumont Bakery.

Complainant’s start date : 1st January 2000.

Complainant’s notice date: 8th July 2022.

Complainant’s end date: 3rd September 2022.

Complainant’s work hours per week: 40

Complainant’s weekly pay: €634.80

The Complainant is entitled to a statutory redundancy payment, I now order the Respondent to make such payment to him within 42 days from the date of this decision.

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.

The Complainant is entitled to a statutory redundancy payment, and I now order the Respondent to make such payment to him within 42 days from the date of this decision.

Dated: 26th April 2023

Workplace Relations Commission Adjudication Officer: Jim Dolan

Key Words:

Redundancy Payments Act 1967.