ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00001519

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-00001987-001	15/01/2016

Date of Adjudication Hearing: 12/04/2016

Workplace Relations Commission Adjudication Officer: Peter O'Brien

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 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:

The owner advised me that he was closing down and a new owner was taking over the business and the same terms and conditions would be applied under his employment. My employer issued me a P45. There was never a question of redundancy. When I approached him about redundancy he said he did not have the money to pay it. I got professional advice and requested him to sign my completed RP50 form. He refused to sign the form on the basis that he had no money and thought he was liable for it and not the State even though I told him he was only liable for a percentage of it. I have not been paid my statutory redundancy.

Respondent’s Submission and Presentation:

The Respondent did not attend the Hearing but sent in a letter to the WRC (undated) stating inter alia “I do not contest (the complainants) claim for redundancy.

Decision:

Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act. The complainant was employed from August 1^st 2004 to July 17^th 2014 as a Supermarket Manager. She was made redundant and is entitled in law to a statutory redundancy payment for that period of employment from her employer. Section 7.1 of the 1969 Redundancy Payments Act entitles an employee to a redundancy payment when made redundant. The Respondent stated in his letter that he was under financial pressure at the time of making the complainant redundant however as he was not present at the Hearing I can not give this statement much weight.

I find the complainants case well founded and award her the current statutory redundancy payment, based on her service, to be paid within four weeks of todays date.

Dated: 30 June 2016