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ADJ-00008039

 

ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00008039

Parties:

 

Complainant

Respondent

Anonymised Parties

A Worker

A Food/Beverage Provider

 

Representatives

GERARD MCGOVERN MCGOVERN WALSH & CO.

Michael Quigley Solicitor

Thomas Street

Sligo

 

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-00010647-001

05/04/2017

 

Date of Adjudication Hearing: 11/07/2017

Workplace Relations Commission Adjudication Officer: Emer O'Shea

Procedure:

In accordance with Section 39 of the Redundancy Payments Acts 1967 - 2014 ] 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).

 

Summary of Complainant’s Case:

The claimant was employed as a Short Order Cook with the respondent from August 2003 to he 18th.March 2017.The claimant predominantly worked a 20 hour week and was paid €186 per week.She was given 2 weeks notice that the business was closing owing to financial difficulties.The claimant was advised by the respondent on her final day at work that she had no money to pay the claimant redundancy.The claimant submitted the respondent was in breach of the Act for failing to pay her her statutory redundancy entitlement under the Act .

 

Summary of Respondent’s Case:

The respondent did not attend and was not represented 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.

 

On the basis of the uncontested evidence of the claimant , I find the complaint to be well founded and require the respondent to pay the claimant her statutory redundancy entitlement within 42 days of the date of this decision.

 

Dated:   5th December 2017

Workplace Relations Commission Adjudication Officer: Emer O'Shea