ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00000618
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-00000881-001 | 16/11/2015 |
Date of Adjudication Hearing: 19/01/2016
Workplace Relations Commission Adjudication Officer: Ray Flaherty
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015, following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
Complainant’s Submission and Presentation:
Shop where I worked was closed down 29th of March. I got a RP9 form from my employer six days after the closing of the store that she sends me to temporary lay off. At Citizen Information website I found information: "The employer should explain to the employees the reason for the lay off or short-time working and keep employees informed of the situation during this time. In both cases these must be temporary situations and your employer must notify you to this effect before they start. The best way to do this is by using Part A of form RP9 " I got a RP9 form six days after closing store. I got information from Employer that they will be reopened shop within one month from date of close. I applied about Jobseeker Benefit. 18 of June after 79 days asked my Employer about Redundancy Payment because store was still closed. She said that the store will be open in July, and I can get back to work. ( Now is 1 of November and store was never opened) She offered me alternatively job, but not in the same place where I've signed my contract. In my contract there was no information about lay off and no information about relocation workplace - these were two changes in my contract but any change must be approved and signed by both - employee and employer before. After 5 years of work with the Respondent I lost my job without any notice from day to day. 25th of September I got a confirmation from my Employer, that she is able to pay a redundancy payment in installments but she needs to contact before with HR consultant. Today, 12th October after 7 weeks of waiting for answer from Employer when I asked when I get my p45 and redundancy payment she answer me that we need to resolve this problem using department of redundancy. |
The Complainant attended on the day of the Hearing and presented documentary evidence supporting her complaint.
Respondent’s Submission and Presentation:
The Respondent did not attend at the Hearing.
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:
The matter for decision relates to the Complainant’s claim that she is entitled to a redundancy payment.
Legislation involved and requirements of legislation:
Redundancy Payments Act 1967
Decision:
In the absence of any submission, representation or attendance by the Respondent, I am satisfied, based on the evidence before me that this is a genuine redundancy situation. My finding in this regard is further confirmed by the fact that evidence submitted by the Complainant suggests the Respondent has already acknowledged this fact and actually agreed to make the required payment, albeit in instalments.
I am also satisfied that the Complainant meets the requirements set out in legislation and is therefore entitled to a redundancy payment.
Consequently, taking all of the above into consideration, I find in favour of the Complainant in the amount of €4,344.00, based on the figures and dates supplied by the Complainant.
Dated: 30 March, 2016