ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00054188
Parties:
| Complainant | Respondent |
Parties | Catherine O Donnell | Mani Steakhouse Limited t/a Mani Restaurant |
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-00066247-001 | 25/09/2024 |
Date of Adjudication Hearing: 20/03/2025
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Procedure:
In accordance with Section39 of the Redundancy Payments Acts 1967 - 2014following 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 seeks statutory redundancy payment. The restaurant in which she worked closed suddenly in August 2024.
Summary of Complainant’s Case:
The Complainant’s original employment was with Dudok Ltd t/a Mani Restaurant. She received notification on 16th June 2024 that her employment was transferred to Mani Steakhouse Limited t/a Mani Restaurant and that all of her terms and conditions and employment rights were transferred to the Respondent employer. The restaurant closed without notice when she was due to go on annual leave. She confirmed her date of commencement was 01/12/2017 and given annual leave and notice period, end date would be 29/08/2024.
Summary of Respondent’s Case:
The Respondent was notified of the date, time and arrangements for the hearing but did not attend.
Findings and Conclusions:
Based on the evidence, I find that the Complainant is entitled to statutory redundancy payment.
I have taken into account her annual leave and statutory notice period in finding termination date.
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 have decided that the Complainant is entitled to statutory redundancy payment based on the following:
Date of commencement of employment: 01 December 2017
Date of termination: 29 August 2024
Gross weekly pay: €300
This award is made subject to the complainant having been in insurable employment under the Social Welfare Acts during the relevant period.
Dated: 21.03.25
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Key Words:
Redundancy Payments Acts. |