ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00039916
Parties:
| Complainant | Respondent |
Parties | Jaysunkur Jugdewo | Moport Ltd trading as Koh Restaurant |
Representatives | In person | Did not attend |
Complaint:
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-00051474-001 | 01/07/2022 |
Date of Adjudication Hearing: 09/05/2023
Workplace Relations Commission Adjudication Officer: Andrew Heavey
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 was employed by the respondent from 10th March 2008 until 14th June 2022 and at the time of the termination of employment he was employed as a restaurant manager and was paid €769.23 gross per week. |
Summary of Complainant’s Case:
The complainant stated that the respondent closed the restaurant on 14th June 2022 and provided a letter to the complainant which outlined that the business would not be in a position to pay the employees their redundancy entitlements. The complainant stated that he submitted an RP77 to the employer on 1st July 2022 and has not received a response to date. |
Summary of Respondent’s Case:
The respondent did not attend the adjudication hearing and was not represented. |
Findings and Conclusions:
The complainant is claiming his redundancy entitlements in circumstances where the restaurant he worked in closed with effect from 14 June 2022. The respondent was notified to its registered address in relation to the date, time and venue of the adjudication hearing but did not attend. The registered letter was returned marked “Gone away”. The Companies Registration Office (CRO) search facility states that the status of the entity that employed the complainant as “normal.” From the verbal submission of the complainant, I am satisfied that his employment ended on the 14th June 2022 by reason of redundancy. |
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 as follows: Date of commencement of employment: 10th March 2008 Date of cessation of employment: 14th June 2022 Gross weekly rate of pay: €769.23 The entitlement to a redundancy payment is based on the complainant having been in insurable employment within the meaning of the social welfare acts |
Dated: 1st November 2023.
Workplace Relations Commission Adjudication Officer: Andrew Heavey
Key Words:
Redundancy entitlements |