ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00050197
Parties:
| Complainant | Respondent |
Parties | Derek Tully | Bracken Restaurants Limited trading as Fusion Restaurant |
| Complainant | Respondent |
Anonymised Parties | {text} | {text} |
Representatives | In Person | No appearance |
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-00061500-001 | 12/02/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00061500-002 | 12/02/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00061500-003 | 12/02/2024 |
Date of Adjudication Hearing: 08/07/2024
Workplace Relations Commission Adjudication Officer: Emile Daly
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and 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.
Background:
This is both a redundancy complaint and an unpaid holidays complaint in circumstances where the Respondent’s restaurant business ceased trading in August 2023. |
Summary of Complainant’s Case:
The Complainant gave evidence under oath as follows: Redundancy complaint CA-00061500-001 The Complainant commenced work for the Respondent on 5 November 2019. In July 2023 he was informed by his employer that the business would have to close due to mounting costs and because the restaurant was not making money. Following closure , the Complainant was not paid a redundancy payment. His employment ended on 20 August 2023. His gross weekly pay was €520. His PRSI contributions were paid throughout his employment. Annual Leave/Public Holidays Complaint CA-00061500-002 and CA-00061500-003 Before the Complainant finished work in August 2023 his employer told him that he owed him 100 hours of unpaid holidays, which encompassed annual leave and public holidays. Despite assurances given to him by his employer, this payment was never made to the Complainant. On the basis that his holiday complaint would be dealt as a composite claim with under CA-00061500-002 he withdrew his second OWT complaint, namely, CA-00061500-003. |
Summary of Respondent’s Case:
No appearance |
Findings and Conclusions:
I am satisfied that the Respondent was on notice of the hearing date and chose not to attend. I make this decision based on the uncontested evidence of the Complainant. CA-00061500-001 Based on the uncontested evidence of the Complainant, given under oath, I am satisfied that a redundancy situation existed and that as of the date of the Adjudication hearing that he had not been paid a redundancy payment. I find that the Complainant is entitled to a redundancy payment based on having had insurable employment (under the Social Welfare Acts) for the duration of his employment and based on the following facts: Commencement date: 5.11.2019 End of Employment: 20.8.2023 Gross weekly pay: € 520
CA-00061500-002 I am satisfied that at the end of his employment the Complainant was entitled to be paid for 100 hours of unpaid holidays, based on an hourly pay of €13 (calculated on the basis of the complaint form details of €520 divided by 40 hours per week.) CA-00061500-003 This complaint is withdrawn.
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Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) 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.
CA-00061500-001 This complaint is well founded. The Complainant is entitled to a redundancy payment based on the following: Commencement date: 5.11.2019 End of Employment: 20.8.2023 Gross weekly pay: € 520
CA-00061500-002 This complaint is well founded. The Complainant is entitled to the following composite award in respect of unpaid annual leave and unpaid public holidays, which was conceded by the Respondent before the employment ended. Award: €1300.00
CA-00061500-003 This complaint is withdrawn. Please note that the Respondent has ceased trading and is not in a financial position to discharge these obligations to the Complainant.
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Dated: 09th of July 2024
Workplace Relations Commission Adjudication Officer: Emile Daly
Key Words:
Redundancy - Holidays |