ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00050759
Parties:
| Complainant | Respondent |
Parties | Antonella Siclari | Bracken Restaurants Limited trading as Fusion Restaurant |
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-00062160-001 | 12/03/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00062160-002 | 12/03/2024 |
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/or 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 a redundancy complaint and a terms of employment (information) complaint |
Summary of Complainant’s Case:
The Complainant gave evidence under oath as follows: Redundancy Complaint CA-00062160-001 The Complainant commenced employment with the Respondent on 11 August 2021 Her employment ended 25 July 2023 when the business ceased trading and closed. She was not paid any redundancy payment. Her gross salary was €410 per week. She requested from her employer and then sought payment from him on 29 January 2024 via service of an RP 77 form but still was not paid. Her employer stopped engaging with her.
Terms of Employment (Information) Complaint CA-00062160-002 The Complainant did not receive a five-day statement or any terms of employment in writing for the duration of her employment.
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Summary of Respondent’s Case:
No Appearance |
Findings and Conclusions:
No Respondent Attendance Being satisfied that the Respondent was on notice of the Adjudication hearing but chose not to attend, I proceeded to investigate these complaints on the uncontested sworn evidence of the Complainant. Reasonable Cause Extension I extend the time for the bringing of the below Redundancy complaint from 6 to 12 months based on reasonable cause, as the Complainant spent five months prior to the issue of this complaint asking her employer to pay her the monies that she was owed. She understood that this would be discharged without the need for her to issue a WRC complaint, but that proved not to be the case. Redundancy Complaint Based on the uncontested evidence of the Complainant, given under affirmation, I am satisfied that a redundancy situation existed and that as of the date of the Adjudication hearing that she 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 her employment and based on the following facts: Commencement date: 11 August 2021 End of Employment: 21 August 2023 Gross weekly pay: € 410 Terms and Conditions Complaint Based on the uncontested evidence of the Complainant, given under affirmation, I note the uncontested evidence of the Complainant, that she was not issued with any terms and conditions of employment either within 5 days or two months of her commencing employment. However, as this breach occurred in late 2021 and as this complaint issued on 12 March 2024, I regret to find that this complaint is outside of 12-month post breach and is out of time. I have no jurisdiction to investigate this complaint. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints 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-00062160-001 This complaint is well founded. The Complainant is entitled to a redundancy payment based on the following facts: Commencement date: 11 August 2021 End of Employment: 21 August 2023 Gross weekly pay: € 410
CA-00062160-002 This complaint is not well founded and fails due to lack of jurisdiction |
Dated: 10/07/2024
Workplace Relations Commission Adjudication Officer: Emile Daly
Key Words:
Redundancy – Terms of Information |