ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00043316
Parties:
| Complainant | Respondent |
Parties | Mateusz Matelski | Innovation Moon Limited Sliced in liquidation |
Representatives |
|
|
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00053818-001 | 22/11/2022 |
Date of Adjudication Hearing: 22/06/2023
Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 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 from 14th July 2021 until 6th November 2022. |
Summary of Complainant’s Case:
The Complainant seeks his notice of termination of employment from the Respondent. His employment ceased on 6th November 2022. He received €440.00 per week gross. The Complainant said he was offered Christmas hours only in another site. No proper offer was made as he did not know the hours on offer and had already lost €500. |
Summary of Respondent’s Case:
The Respondent has been put into liquidation. A Director of the company appeared at the hearing. The restaurant was flooded and could not stay open. The company offered an alternative position in another site to the Complainant, but he did not want this. |
Findings and Conclusions:
I have heard and considered the evidence and submissions of the parties. The Respondent is now in liquidation. The restaurant where the Complainant was worked ceased trading on 6th November 2022. His notice of €440.00 was not paid. The Complainant was not agreeable to take a role in another site as the hours were not set out. I find the complaint is well founded and direct payment of notice of termination by the Respondent of €440.00 to the Complainant.
|
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.
The complaint is well founded. I direct payment of notice by the Respondent of €440.00 to the Complainant. |
Dated: 11/01/2024
Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll
Key Words:
|