ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00052588
Parties:
| Complainant | Respondent |
Parties | Dariusz Gut | Alan's Bakery Ltd t/a Soho Bake House |
Representatives | Self-Represented | No Appearance |
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-00064361-001 | 25/06/2024 |
Date of Adjudication Hearing: 23/01/2025
Workplace Relations Commission Adjudication Officer: Úna Glazier-Farmer
Procedure:
In accordance with Section 39 of the Redundancy Payments Acts 1967 - 2014 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 attended at the hearing. Submissions and documentary evidence were presented in advance of the hearing.
There was no appearance on behalf of the Respondent. |
Summary of Complainant’s Case:
The Complainant outlined his employment history with the Respondent from 16 December 2018 to 23 October 2023. He worked 40 hours a week. His weekly gross wage was €439.95. He was informed there his employer was ceasing production on 23 October 2023 by letter from the Respondent. This was the first indication his employment was being made redundant. |
Summary of Respondent’s Case:
After waiting a reasonable period of time, there was no appearance by the Respondent. After review of the file, I am satisfied the Respondent was notified of the hearing. |
Findings and Conclusions:
I allow the Complainant’s appeal pursuant to Section 39 of the Redundancy Payments Act 1967 – 2012 based on the undisputed evidence presented at the hearing. |
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.
I allow the Complainant’s appeal pursuant to Section 39 of the Redundancy Payments Act 1967 – 2012 based on the undisputed evidence presented at the hearing. I direct the Respondent to pay the Complainant a redundancy lump sum payment under the Redundancy Payments Act 1967- 2014 calculated on the basis of the following information. The Complainant commenced employment on 16 December 2018. The Complainant’s received notice on 23 October 2024. The Complainant’s employment terminated on 20 November 2024 (taking into account his statutory notice period) The Complainant was paid €439.95 per week gross based on a 40-hour week. This was confirmed by the Complainant. |
Dated: 23rd January 2025
Workplace Relations Commission Adjudication Officer: Úna Glazier-Farmer
Key Words:
Redundancy |