ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00001881

Complaint(s)/Dispute(s) for Resolution:

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-00002579-001	13/02/2016

Date of Adjudication Hearing: 15/04/2016

Workplace Relations Commission Adjudication Officer: Michael Hayes

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 and the abovementioned Act 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 commenced employment with the respondent on 03/02/2014. The company ceased trading 27/01/2016. I have not received the RP50 to claim Redundancy. I have made contact with the Liquidator. They informed me that I must have contributed 104 weeks of service. Until the day the company ceased trading I had 103 weeks of service. I did not get any notice from the company, in which we are entitled to weeks notice. If i had received notice it would have carried me to 104 weeks service. Including my notice should this not cover me to receive Redundancy?

The complainant submits that she was paid €9.15 per hour and that she worked 25 hours per week. She asserts that she did not receive her statutory notice and that in the event that she had done so she would have reached the criteria set for entitlement to the payment of statutory redundancy under this Act. Additionally she was not credited to her entitlement to annual statutory holiday in accordance with the provisions of the Organisation of Working Time Act, 1997.

Decision:

I find that the complaint is well founded and that the claimant has reached the threshold of 104 weeks service as set out in the Act. I hereby require that the respondent issue the necessary documentation and comply with its obligations under the Act.

Dated: 21^st July 2016