ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00054913

Parties:

	Complainant	Respondent
Parties	Nasr-Eddine Ghanem	Sanciro Ltd t/a Castello Bruno

Representatives

Self-represented

Did not attend

Complaint(s):

Act	Complaint Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967	CA-00063931-001	30/05/2024
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994	CA-00063931-002	30/05/2024
Complaint seeking adjudication by the Workplace Relations Commission under Section 45A of the Industrial Relations Act, 1946	CA-00063931-003	30/05/2024
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973	CA-00063931-004	30/05/2024
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973	CA-00063931-005	30/05/2024
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00063931-006	30/05/2024

Date of Adjudication Hearing: 14/01/2025

Workplace Relations Commission Adjudication Officer: Valerie Murtagh

Procedure:

In accordance with Section 39 of the Redundancy Payments Acts 1967 -2014 and Section 41 of the Workplace Relations Act, 2015 following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints. The hearing was heard remotely, pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act, 2020 and S.I. 359/2020, which designated the WRC as a body empowered to hold remote hearings. The complainant was sworn in at the commencement of the hearing.

Summary of Complainant’s Case:

The complainant commenced with the respondent as a chef on 29 June 2018 and his employment ended on 25 September 2023 when the respondent restaurant closed down. The complainant lodged his complaints on 30 May 2024.

The complainant states that he is entitled to a redundancy payment.

The complainant states that he did not get a statement of his terms of employment. He also states that he did not receive his correct holiday entitlements.

The complainant further states that he did not receive his minimum notice entitlement.

Summary of Respondent’s Case:

The respondent did not attend.

Findings and Conclusions:

CA-00063931-001 Complaint under the Redundancy Payments Act 1967

Having heard the uncontested evidence of the complainant, subject to his PRSI contribution status, I find that the complainant is entitled to a statutory redundancy payment based on his service from 29 June 2018 until 25 September 2023 on the basis of his weekly pay of €865, subject to the statutory ceiling of €600 per week.

CA-00063931-002 Complaint under Terms of Employment Information Act, 1994

This complaint was lodged outside the time limit stipulated in the legislation therefore I have no jurisdiction in this matter. The within claim is statute barred.

CA-00063931-003 Complaint under Section 45A of the Industrial Relations Act 1946

The complainant did not provide any information in relation to this aspect of his complaint. Therefore, I find that this complaint is not well-founded.

CA-00063931-004 & CA-00063931-005 Minimum Notice

This is a duplicate complaint and was lodged outside the statutory timeframe stipulated in the legislation, therefore I have no jurisdiction in this matter. These claims are statute barred.

CA-00063931-006 Complaint under Section 27 of the Organisation of Working Time Act

This complaint was lodged outside the statutory timeframe and therefore I have no jurisdiction in the matter. This claim is statute barred.

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.