ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00005363
Complaint(s)/Dispute(s) for Resolution:
Complaint/Dispute Reference No.
Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973
Date of Adjudication Hearing: 10/01/2017
Workplace Relations Commission Adjudication Officer: Roger McGrath
In accordance with Section 41(4) of the Workplace Relations Act, 2015 and Section 39 of he Redundancy Payments Act, 1967, following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
Complainant’s Submission and Presentation:
The complaint was received by the WRC on the 3rd October 2016.
The complainant worked as general operative in a restaurant from the 4th May 2013 until the restaurant closed down without notice on the 18th July 2016. The complainant was not at work on the 18th July 2016 but was contacted by colleagues and told the restaurant had closed. Following this closure the complainant was not contacted by his former employer.
The complainant sent a Form RP77 to his former employer using the restaurant address but the Form was returned to him marked “return to sender”. He did not receive any redundancy payment nor did he receive any notice payment.
Respondent’s Submission and Presentation:
The respondent did not attend the hearing.
Section 41(4) 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. I must also make a decision under Section 39 of the Redundancy Payments Act, 1967.
Based on the uncontested evidence of the complainant I find the claims for:
CA-00007343-001 Redundancy payment and CA-00007343-002 Minimum notice are both well founded and both claims are upheld.
The calculation for the award for redundancy is based on the following information:
Date of commencement; 4th May 2013
Date of termination; 18th July 2016
Gross weekly pay; €420
This award is made subject to the complainant having been in insurable employment under the Social Welfare Acts during the relevant period.
The award for minimum notice is based on two weeks for three complete years worked. This award under this claim is €840 based on a gross weekly salary of €420.
Dated: 26 April 2017