ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00000737

A worker v Retail Shop

Complaint for Resolution:

Date of Adjudication Hearing: 24/02/2016

Workplace Relations Commission Adjudication Officer: Gaye Cunningham

Procedure:

In accordance with Section 39 of the Redundancy Payments Act, 1967, 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:

Respondent’s Submission and Presentation:

The Respondent is deceased since May 2015 and the business was closed and re-opened in the name of the wife of the Respondent. The business was in debt and efforts to make it survive were not successful.  It is contended that the Respondent’s  wife who took over the business was not responsible for paying redundancy and the estate of the deceased Respondent would not have the  ability to pay.

Decision:

Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.

 The Complainant was in the employment for over four years and her employment was continuous.

In any event, the business identity remained over the period and the Complainant would have been entitled to the protection of the Transfer of Undertakings Regulations.

In the circumstances I find her claim for redundancy payment and minimum notice to be valid.

I uphold her claim and declare that the statutory redundancy payment of €3,152.97 and minimum notice payment of €700.66, making a total of €3,853.63 should be paid to the Complainant in this case.

Dated:   30^th March 2016