ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00000535
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-00000792-001 | 11/11/2015 |
Date of Adjudication Hearing: 02/02/2016
Workplace Relations Commission Adjudication Officer: Joe Donnelly
Procedure:
In accordance with Section 41(4) 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:
I was made redundant from my job in which I worked for the past 6.5 years. My employer gave me no notice of termination, no redundancy payment was made and I received no holiday payment that I was due. My fellow employees and I only found out about the shop closing when perspective new owners were shown around. I have sent employer the RP77 form but he made no reply what so ever. |
Respondent’s Submission and Presentation:
No Attendance
Decision:
Section 41(4) 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.
Issues for Decision:
Was the respondent made redundant and does she qualify for a payment under the Redundancy Payments Acts, 1967 to 2007.
Legislation involved and requirements of legislation:
The Redundancy Payments Acts, 1967 to 2007 set down the criteria for qualification for Statutory Redundancy Payment. These are;
Employees must have at least two years (104 weeks) continuous service
Have been in employment, which is fully insurable for all benefits under the Social Welfare Acts
Have been made redundant as a result of a genuine redundancy situation i.e. the person’s job no longer exist and the person has not been replaced.
Decision:
I am satisfied that notification of the hearing was sent to the Respondent. The complainant confirmed that she was employed by the Respondent and that her employment ended when the business closed. Based on the complainant’s uncontested evidence I find that she is entitled to a lump sum payment under the Redundancy Payments Acts, 1967 to 2007 based on the following criteria;
Date of Commencement: 16 April 2009
Date of Termination: 30 October 2015
Gross Weekly Pay: €171.90
The award is made subject to the complainant having been in insurable employment under the Social Welfare Acts during the relevant period.
Dated: 14th March 2016