ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00006899
Parties:
Anonymised Parties | Complainant | Respondent |
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-00009443-001 | 27/01/2017 |
Date of Adjudication Hearing: 13/09/2017
Workplace Relations Commission Adjudication Officer: Michael Hayes
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 [and/or 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).
Background:
The respondent employed the complainant as a pizza chef from the beginning of November 2011 until the 31st of December 2016 (per complainant) or 22nd of December 2016 (per respondent). He was paid €380 per week basic pay. The parties made oral submission to the hearing. |
Summary of Complainant’s Case:
The complainant asserts that he has 5 years and two months service with the respondent who has refused to pay him his redundancy money or engage with him on the basis that the employment closed for a few weeks each year. The business was closed on the 31st of December 2016 without notice. The respondent refused to sign either an RP50 or RP77. |
Summary of Respondent’s Case:
The respondent submits that it was not continuous service in that the business closed during February and March each year. |
Decision:
Section 41 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.
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 complaint is well founded. The complainant is entitled to statutory redundancy based on the details provided above by the complainant and in accordance with his social welfare record. |
Dated: 01 August 2018
Workplace Relations Commission Adjudication Officer: Michael Hayes