ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00039410
Parties:
| Complainant | Respondent |
Parties | Craig Switzer | Moka Pot Limited Green Onion Cafe |
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-00051063-001 | 08/06/2022 |
Date of Adjudication Hearing: 04/11/2022
Workplace Relations Commission Adjudication Officer: Roger McGrath
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.
The matter was heard by way of remote hearing on 4 November 2022, pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and S.I. 359/2020, which designated the WRC as a body empowered to hold remote hearings.
In deference to the Supreme Court ruling, Zalewski v Ireland and the WRC [2021] IESC 24 on the 6th of April 2021, the complainant was informed in advance that the Hearing would be in Public, that testimony under Oath or Affirmation would be required and full cross examination of all witnesses would be provided for. The required Affirmation / Oath was administered to the witness. The legal perils of committing Perjury were explained to the Complainant.
Background:
The Complainant commenced employment with the Respondent on 20 August 2019. His employment with the Respondent ended on 28 May 2022. The Complainant believes the company has ceased trading.
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Summary of Complainant’s Case:
The Complainant gave evidence under Affirmation. The Complainant stated when his work ceased, he attempted to contact the Respondent several times to get the situation resoled without success. |
Summary of Respondent’s Case:
The Respondent did not attend the hearing. A copy letter of notification of the hearing date addressed to the Respondent was on file.
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Findings and Conclusions:
On the uncontested evidence of the Complainant, I find he is entitled to an award under the Act. |
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 claim under the Redundancy Payments Acts 1967 to 2007 is allowed and the Complainant is awarded a statutory lump sum under those Acts, and based on the following:
Date of Commencement; 20 September 2019
Date of Termination; 28 May 2022
Gross Weekly Pay; €371.25
Any award under the Redundancy Payments Act is subject to the Complainant having been in insurable employment for the relevant period under the Social Welfare Acts.
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Dated: 03rd January 2023
Workplace Relations Commission Adjudication Officer: Roger McGrath
Key Words:
Redundancy |