ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00000757

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-00001148-001	27/11/2015

Date of Adjudication Hearing: 03/03/2016

Workplace Relations Commission Adjudication Officer: Michael Hayes

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 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:

I started working Supermarket X in September 2000 and since then the shop has changed hands 3 times and i worked with all of them doing the same job until i was made redundant on the 15th October 2015. I issued an RP77 to my last employer for the redundancy payment but they refused to pay any redundancy. To date i have not received any redundancy payment.

The complainant submits that her employment has transferred on three separate occasions under TUPE and that her position has now become redundant. She was paid €148.50 per week and worked an average of 16.5 hours per week. The respondent gave two weeks notice of its intention to close the business. The complainant asserts that she is entitled to statutory redundancy.

Decision:

Section 41(4) of the Workplace Relations Act 2015 Section 39 of the Redundancy Payments Act, 1967 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions.

Decision:

Based on the uncontested evidence adduced at hearing I find that the complaint is well founded and hereby require that the respondent pay the claimant her entitlement in accordance with the statutory provisions.

Dated: 16/5/2016