ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00000763
Complaint(s)/Dispute(s) for Resolution:
|
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 |
CA-00000411-001 |
23/10/2015 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 |
CA-00000411-002 |
23/10/2015 |
Date of Adjudication Hearing: 23/02/2016
Workplace Relations Commission Adjudication Officer: Michael Hayes
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015 and the abovementioned Acts following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
Complainant’s Submission and Presentation:
I have not been paid my salary for September 2015 and payment for my redundancy notice. I have also not been paid my redundancy lump sum. |
My employer has issued me with a letter saying he would pay my redundancy lump sum but has failed to do so. |
CA-00000411-001: The complainant submits that she was employed in the period 9th of February 2004 to 23rd of October 2015. She was not paid her final months of salary and balance of notice in the amount of €4,889.20 net.
CA-00000411-002: The complainant submits that she is in receipt of a letter informing her that she is to be made redundant although the respondent has refused to sign an RP50.
Respondent’s Submission and Presentation:
CA-00000411-001: The respondent accepts that the abovementioned salary remains outstanding and that he intends to make good the payment on receipt of certain funds.
CA-00000411-002: The respondent accepts that the claimant position has been made redundant but is not in a position to pay. He does intend to do so, on receipt of the funds mentioned above.
Decision:
CA-00000411-001: I find that the complaint is well founded and hereby require that the respondent pay the claimant €4,889.20 (say four thousand eight hundred and eighty nine euro and 20 cent) net in compensation for breach of the Act.
CA-00000411-002: I find that the complaint is well founded and that the complainant has been made redundant. The respondent has failed to comply with his obligation to fill the RP50 where he has notified the complainant that her position would be made redundant thereby impinging the claimant’s rights under the enactment. I hereby require that he do so immediately.
Dated: 14th April 2016