ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00035770
Parties:
| Complainant | Respondent |
Parties | Vladimir Ivanchuk | Camrue Catering Ltd |
Representatives | Self-Represented | Did not appear |
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-00046947-001 | 02/11/2021 |
Date of Adjudication Hearing: 24/08/2022
Workplace Relations Commission Adjudication Officer: Michael McEntee
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and 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.
In deference to the Supreme Court ruling, Zalewski v Ireland and the WRC [2021] IESC 24 on the 6th April 2021 the Parties were informed in advance that the Hearing would be in Public, Testimony under Oath or Affirmation would be required and full cross examination of all witnesses would be provided for.
No objections to the public nature of the Hearing or Findings were raised.
The required Affirmation / Oath was administered to all witnesses. The legal perils of committing Perjury were explained to all parties.
Full cross examination of Witnesses was allowed.
It must be noted that the Respondent, through properly notified, did not attend the Hearing or communicate with the Adjudication Officer or the WRC to offer any explanation.
Unfortunately, due to Covid 19 difficulties, the Adjudication finding was delayed.
Background:
The Complainant was employed as a Souchef since November 2005 by a Hotel and Restaurant. The business closed for Covid 19 on the 15th March 2020. No communications proved possible with the former employer regarding a reopening of the business. It remains closed. The Complainant served an Rp9 form on the Employer but received no reply. He is now claiming statutory redundancy for the period of his employment. No end of employment date was ever provided by the Employer.
On the Complainant consulting Revenue records, it appears that the last date of insured employment was the 15th of March 2020. |
1: Summary of Complainant’s Case:
The Complainant is seeking Statutory Redundancy for the period 5th November 2005 to the 15th of March 2020. He provided documentary evidence of his employment service, an employment contract and revenue records to support his claim of employment. After numerous unsuccessful efforts to contact his employer regarding a return-to-work date he was left with no option but to seek other employment. His evidence was given under Oath. He was a calm professional witness and was very credible. |
2: Summary of Respondent’s Case:
No Respondent appearance was made despite being properly notified of time, date and place of the Adjudication Hearing. No rebuttal evidence against the Complainant case was made. |
3: Findings and Conclusions:
The Complainant made a creditable case in support of his Redundancy claim. There was no counter evidence. Accordingly, an award of Statutory redundancy for the period from 5th of November 2005 to the 15th of March 2020 is made in favour of the Complainant. The weekly rate of pay was stated to be €680 Gross for a 40-hour week. No breaks in stated service were referred to in evidence. |
4: Decision:
CA: 00046947-001
Section 41 of the Workplace Relations Act 2015 and 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 of the cited Acts.
Statutory Redundancy for the period of service from the 5th November 2005 to the 15th March 2020 at the weekly ceiling rate of €600 is made in favour of the Complainant.
Dated: 13th December 2022
Workplace Relations Commission Adjudication Officer: Michael McEntee
Key Words:
Redundancy, Covid Close Down. |