ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00041106
Parties:
| Complainant | Respondent |
Parties | Iulian Costea | Lemon Cafe Bar Limited |
Representatives | Self | Did not attend |
Complaint:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00047080-001 | 09/11/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00047080-002 | 09/11/2021 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00047080-003 | 09/11/2021 |
Date of Adjudication Hearing: 18/01/2023
Workplace Relations Commission Adjudication Officer: Marie Flynn
Procedure:
In accordance with Section 39 of the Redundancy Payments Acts 1967 - 2014following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
At the hearing the Complainant was advised that, in accordance with the Workplace Relations (Miscellaneous Provisions) Act 2021, hearings before the Workplace Relations Commission are now held in public and, in most cases decisions are no longer anonymised. The parties are named in the heading of the decision. For ease of reference, the generic terms of Complainant and Respondent are used throughout the text.
The Complainant was advised that the Workplace Relations (Miscellaneous Provisions) Act 2021 grants Adjudication Officers the power to administer an oath or affirmation. The Complainant was sworn in.
Background:
The Complainant has submitted a claim for a redundancy payment in respect of his employment with the Respondent. |
Summary of Complainant’s Case:
The Complainant said that he started working for the Respondent on 10 March 2012. As a consequence of Covid 19, he was placed on layoff on 15 March 2020. The Respondent’s café reopened on 1 July 2020 and closed again on 20 September 2020. The Complainant was not called back to work after that date. The Complainant made a number of enquiries about returning to work as some of his colleagues had been transferred to other entities and/or had recommenced employment. On 9 December 2020, the Complainant received an email from the Respondent informing him that it was locked out of the business. As a consequence, the Complainant considered himself to have been made redundant. |
Summary of Respondent’s Case:
The Respondent did not attend that adjudication hearing. I am satisfied that the Respondent was properly on notice of the date, time and location of the hearing. |
Findings and Conclusions:
Based on the uncontested evidence of the Complainant, I find that the Complainant was employed on a continuous basis by the Respondent from 10 March 2012 until 9 December 2020 when his employment was terminated by reason of redundancy following the closure of the Respondent’s business. |
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.
I find that the Complainant is entitled to a statutory redundancy lump sum under the Redundancy Payment Acts based on his continuous and reckonable service in accordance with the following criteria: - Date of commencement: 10 March 2012 - Date of termination: 9 December 2020 - Gross weekly wage: €935 This award is made subject to the complainant fulfilling current social welfare requirements in relation to PRSI contributions. |
Dated: 1st February 2023
Workplace Relations Commission Adjudication Officer: Marie Flynn
Key Words:
Redundancy entitlement |