ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00000550

Complaints for Resolution:

Date of Adjudication Hearing: 15/03/2016

Workplace Relations Commission Adjudication Officer: Patsy Doyle

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015, Redundancy Payments Acts 1967-2007, and Minimum Notice and Terms of Employment Act 1973-2001 following the referral of the complaints 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.

Complainant’s Submission and Presentation:

The Complainant commenced work for the respondent company on 1 February, 2003. She worked there continuously until she commenced a period of sick leave on 29 July 2013 until 9 May, 2015. In early May, 2015, she read in the local newspaper that the respondent company was entering a process of voluntary liquidation. She received illness benefit from 2 August, 2013 to 9 May, 2015.

The complainant made an application to the Liquidators for statutory redundancy and minimum notice. This was refused as the Liquidators had a copy of a P45 on file for the complainant date 28 July, 2015. The Complainant is clear that she never resigned her position as evidenced by the payment of illness benefit. She came to Adjudication today seeking a redundancy payment and payment in lieu of notice.

The Complainant was employed on   a full time basis doing a 40 hr week. She stated that her employment had ended when the company was liquidated on 14 May 2015.I sought access to P60s and received an extract from the P35 returned by the employer for the years 2012, 2013 and 2014.The complainants records were incorporated in that document .

Respondent’s Submission and Presentation:

Non appearance.

Decision

Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act. Based on the uncontested evidence of the complainant, I find that the complainant is entitled to a lump sum payment under the Redundancy Payments Acts 1967 to 2007, based on the following criteria:

Date of Commencement:       1 February 2003

Date of Termination:             14 May 2015

Gross Weekly Wage:                     €300.00

This award is made subject to the complainant having been in insurable employment under the Social Welfare Acts during the relevant period.

In addition, I award the complainant 6 weeks’ pay, €1,800.00 as payment in lieu for the breach of Section 4 of Minimum Notice Act 1973-2001.

Patsy Doyle, Adjudication Officer.

Dated:   26^th April 2016