ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00052563
Parties:
| Complainant | Respondent |
Parties | Sebastian Olszewski | Coal Restaurant Rage Restaurant Ltd. |
| Complainant | Respondent |
Anonymised Parties | {text} | {text} |
Representatives |
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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-00064367-001 | 27/06/2024 |
Date of Adjudication Hearing: 27/09/2024
Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 39 of the Redundancy Payments Acts 1967 - 2014following 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 Complainant was employed as Manager of the restaurant from 29th August 2018.
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Summary of Complainant’s Case:
The Complainant worked in the restaurant on a weekly wage of 595.14 gross per week continuously until 27th January 2024 when the restaurant was closed. He made contact with the restaurant owner regarding his redundancy payment on a few occasions, but the redundancy was not forthcoming. He understands a liquidator is being appointed to the company. He served an RP77 form on the owner on 15th May 2024. The Complainant was not paid four weeks notice of termination of his employment. He seeks his statutory redundancy payment as soon as possible. |
Summary of Respondent’s Case:
There was no appearance by or on behalf of the Respondent.
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Findings and Conclusions:
I heard and considered the submissions of the Complainant at the hearing. The Complainant was employed with the Respondent from 29th August 2018 until 27th January 2024 as manager on a wage of 595.14 gross per week. An RP77 was served on the Respondent on 15th May 2024 but no redundancy was paid. Having heard the evidence of the Complainant, I find the complaint is well founded and direct payment of redundancy by the Respondent to the Complainant pursuant to S39 of the Redundancy Payments Act 1967-2012. In addition, I direct payment of four weeks notice of 595.14 gross per week of 2,380.56 by the Respondent to the Complainant in accordance with S 4 of the Minimum Notice and Terms of Employment Act 1973. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint 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.
I direct payment of redundancy by the Respondent to the Complainant pursuant to S39 of the Redundancy Payments Act 1967-2012. I direct payment of four weeks notice of 595.14 gross per week of 2,380.56 by the Respondent to the Complainant in accordance with S 4 of the Minimum Notice and Terms of Employment Act 1973. |
Dated: 8th of April 2025
Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll
Key Words:
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