ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00054187
Parties:
| Complainant | Respondent |
Parties | Florin Nicolae Mariutac | Mani Steakhouse Mani Restaurant |
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-00066248-001 | 25/09/2024 |
Date of Adjudication Hearing: 07/04/2025
Workplace Relations Commission Adjudication Officer: Niamh O'Carroll
Procedure:
In accordance with 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:
Following the termination of the Complainant’s employment by reason of redundancy, he did not receive his redundancy entitlement. |
Summary of Complainant’s Case:
The Complainant started 27th August 2019 with Dudok limited. He was a head chef. He was paid €961.53 gross per week. He worked 39 hours, 5 days a week. In June 2024 the name of his employer on his payslips changed to Mani steakhouse limited. He was not informed that there was going to be a change of employer but as everything remained the same, he didn’t worry about it. The restaurant was closed by revenue on 1st August 2024 just before his annual leave of two weeks. He went on annual leave and when he returned, he received notice of termination. That was on 16th August 2024. His employment formally ended on 25th August. He was paid up until the 16th August. Eddie Grugulis: Affirmation. On the 1st August he arrived to opened the restaurant and he was met by the Sherrif. The Sherrif informed him that the restaurant was being shut down by revenue. He too was due to go on annual leave that week. He went on two weeks leave. He received notice of termination on the 16th August and his employment formally ended on the 25th August. He brought his own claim to the WRC and that was heard in February. |
Summary of Respondent’s Case:
There was no appearance by the Respondent at today’s hearing. There is also no correspondence on the case file from the Respondent. The WRC called the respondent this morning and spoke to them. The WRC were informed that the employer who employed the Complainant was no longer in business and that a company called Dudok limited employed them at the material time. They were asked to appear at the hearing to explain but they declined. |
Findings and Conclusions:
There was no appearance for or on behalf of the Respondent today. Having heard from the Complainant, and Mr. Grugulis, I am satisfied that the Respondent company was closed by the Revenue Commissioners in August 2024 and is no longer trading. I am satisfied that the Complainant is entitled to a Redundancy based on the following: Commencement date: 27th August 2019 Termination date: 25th August 2024. Salary: € 961.53 |
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 Complainant is entitled to Redundancy payment based on a start date of 27th August 2019, end date of 25th August 2024 and weekly gross salary of €961.53. |
Dated: 08.04.25
Workplace Relations Commission Adjudication Officer: Niamh O'Carroll
Key Words:
Redundancy. Termination. Non Payment. |