ADJUDICATION OFFICER DECISION.

Adjudication Reference: ADJ-00038803

Parties:

	Complainant	Respondent
Parties	Watchree Promsarn	Thai Orchid Restaurant (Thai Cafe)

Representatives

In person (remote)

Company owner (remote)

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-00049789-001	21/04/2022

Date of Adjudication Hearing: 25/04/2023

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 as a Chef, employment commenced on 18th February 2000 and ended on 15th March 2020.

The Complainant worked 40 hours per week for which she received a gross weekly wage of €432.00.

This complaint was received by the Workplace Relations Commission on 21st April 2022.

Summary of Complainant’s Case:

The Complainant informed the hearing that she had been employed as a chef with the Respondent since 18th February 2000.

Due to the Covid pandemic she was placed on temporary lay-off from work on 15th March 2020. The restaurant, following Government guidelines, had to close due to the Covid pandemic.

Due to circumstances outside the control of the owner of the business the restaurant could not re-open when business re-commenced after the pandemic.

The business owner did not have the financial resources to pay a statutory redundancy payment to the Complainant.

Summary of Respondent’s Case:

The owner of the business attended the hearing of the complaint and verified the Complainant’s version of events.

When business re-commenced, he was not in a position that would allow the business to re-open. The owner of the business contends that these reasons were outside of his control and that he could not pay the redundancy figure to the complainant due to financial hardship.

Findings and Conclusions:

The Complainant has an entitlement to the statutory redundancy payment based on the following information:

Position held: Chef

Start Date: 18th February 2000.

End Date: 15th March 2020.

Weekly worked Hours: 40

Weekly Gross Pay: €432.00

Employer’s Details: Business Registered Number 196235; VAT Number 952244OS.

I now order the Respondent to pay the Complainant the Statutory Redundancy Payment 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.

I now order the Respondent to pay the Complainant the Statutory Redundancy Payment within 42 days from the date of this decision.

Dated: 09th May 2023

Workplace Relations Commission Adjudication Officer: Jim Dolan

Key Words:

Redundancy Payments Act, 1967.