Case Number: ADJ-00005860. Workplace Relations Commission

Court:Workplace Relations Commission
Docket Number:ADJ-00005860
Parties:A Complainant V A Fast Food Restaurant
Procedure:

 

In accordance with Section 39 of the Redundancy Payments Acts 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.

 

Attendance at Hearing:

 

By

Complainant

Respondent

Parties

A Complainant

A Fast Food Restaurant

Representative

Attended in Person

The Respondent did not attend and was not represented at the Hearing

 

Complainant’s Submission and Presentation:

The Complainant was employed as a Kitchen Porter in the Respondent’s fast food restaurant from 6th January, 2012 until 30th October, 2015 when his employment was terminated. The Complainant submitted that he worked an average of 14 hours per week and was paid a gross weekly wage of €151.20. The Complainant submitted that he was informed by the Respondent at the end of October, 2015 that the business was closing and that his employment was being terminated. The Complainant claims that he did not receive his statutory redundancy entitlements from the Respondent following the termination of his employment. The Complainant submitted that he forwarded an RP77 Form to the Respondent seeking payment of his statutory redundancy entitlements but the Respondent failed to respond or make payment to him.

 

Respondent’s Submission and Presentation:

 

The Respondent did not engage with the Workplace Relations Commission in relation to this complaint. I confirmed that a letter had issued notifying the Respondent of the date, time and location of the hearing, and in the circumstances, I find that its non-attendance without any acceptable explanation to be unreasonable in the circumstances.

  Issues for Decision:

 

The issues for decision in relation to this element of the Complainant’s claim is whether or not the Complainant is entitled to a statutory redundancy lump sum payment in accordance with Section 7 of the Redundancy Payments Acts, 1967 to 2014.

  Findings:

 

The Complainant gave evidence that his employment was terminated on 30th October, 2015...

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