ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00007439
Parties:
| Complainant | Respondent |
Parties | A Barrista | A Coffee Shop Owner |
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-00009953-001 | 28/02/2017 |
Date of Adjudication Hearing: 08/06/2017
Workplace Relations Commission Adjudication Officer: Roger McGrath
Location of Hearing: Room G.06 Lansdowne House
Procedure:
In accordance 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 complaint was received by the WRC on 28 February 2017.
Summary of Complainant’s Case:
The complaint submitted that she was as a Barrista/Duty Manager by the Respondent, a coffee shop, from 1 April 2013 until 27 January 2017.
The shop closed in January 2017 but the complainant did not receive any redundancy payment. When she contacted the owner he told her that he was bankrupt. He did not send on an RP50 as requested.
The Complainant produced payslips supporting her evidence that she was paid €385 gross per week.
Summary of Respondent’s Case:
The Respondent did not attend the hearing.
Findings and Conclusions:
Based on the uncontested evidence I find the claim for redundancy is upheld.
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.
The calculation for the award of redundancy is based on the following information:
Date of commencement; 1st April 2013
Date of termination; 27th January 2017
Gross weekly pay; €385.00
This award is made subject to the complainant having been in insurable employment under the Social Welfare Acts during the relevant period.
Dated: 31/08/2017
Workplace Relations Commission Adjudication Officer: Roger McGrath
Key Words:
Redundancy, Barrista.