ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00050177

Parties:

	Complainant	Respondent
Parties	Rana Naveed Ahmed	Sansiro Ltd T/A Castello Bruno Restaurant

Representatives

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-00061464-001	08/02/2024

Date of Adjudication Hearing: 09/05/2024

Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 andSection 39 of the Redundancy Payments Acts 1967 – 2012 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 worked for the Respondent as a Chef from 30th March 2016.

Summary of Complainant’s Case:

The Complainant was notified by his employer that the company is closing with immediate effect. He was not provided with notice of dismissal or redundancy. He was not paid holidays due he is owed for 21 days holidays. He was paid 40,000 euro per annum until April 2023, when his wages were reduced to 35,000 euro gross per annum.

He waited for the company to reopen the restaurant but it has not opened.

The Complainant sought his redundancy and sent a notice to his employer seeking his redundancy by registered post on 18th January 2024.

Summary of Respondent’s Case:

There was no appearance by or on behalf of the Respondent.

Findings and Conclusions:

I heard and considered the verbal and written submissions of the Complainant.

The Complainant gave evidence that he was working for the Respondent from 30th March 2016 until 25th September 2023 on a salary of thirty-five thousand per annum when he was notified of immediate termination of his employment.

I accept the evidence provided by the Complainant that he did not receive four week’s notice of termination of his employment in accordance with s4 2 (c ) of the Minimum Notice and Terms of Employment Act 1973. He was not paid 21 days holidays in 2023 in accordance with S19 of the Organisation of Working Time Act 1998.

I find this complaint to be well founded and direct payment of redundancy to the Complainant for the period of his employment from 30th March 2016 until 25th September 2023 by the Respondent.

I also direct payment under S27 of the Organisation of Working Time Act 1997 of 2,826.90 euro gross in respect of holidays, and pursuant to S41 of the Workplace Relations Commission Act 2015 notice of 2,692.31 euro gross notice owed.

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.

The complaint is well founded and I direct payment of statutory redundancy pursuant to S39 of the Redundancy Payments Act 1967 by the Respondent to the Complainant for the period of his employment from 30th March 2016 until 25th September 2023.

I also direct payment by the Respondent of 2,826.90 euro gross in respect of holidays owed, and 2,692.31 euro gross in respect of four weeks notice to the Complainant.

Dated: 15-01-25

Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll

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