ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00000568
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-00000814-001 | 12/11/2015 |
Date of Adjudication Hearing: 09/02/2016
Workplace Relations Commission Adjudication Officer: Joe Donnelly
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015 [and/or Section 8(1B) of the Unfair Dismissals Act, 1977, and/or Section 9 of the Protection of Employees (Employers’ Insolvency) Act, 1984, and/or Section 79 of the Employment Equality Act, 1998, and/or Section 25 of the Equal Status Act, 2000] 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 did not receive my redundancy payment or any other payments when the premises closed. I received no notice or payment instead of notice. I have filled in and posted my RP77 Form but has made no response what so ever to me. |
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 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 exists 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 had 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 t0 2007, based on the following criteria;
Date of Commencement; 1 April 2012
Date of Termination: 30 October 2015
Gross Weekly Pay: €179.55
The award is made subject to the complainant havig been in insurable employment under the Social Welfare Acts during the relevant period.
Dated: 3rd March 2016