ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00001184

Complaint(s)/Dispute(s) for Resolution:

Date of Adjudication Hearing: 9th February 2016

Workplace Relations Commission Adjudication Officer: Sean Reilly

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).

Also present at the Hearing was the husband of the Complainant.

The Complaint was employed by the Respondent from 1^st April 2013 to 28^th August, a period of 2 years and 5 months and her weekly rate of pay was €245.98c, i.e. €8.65c per hour by 28 hours per week.

The complaint was presented to the Workplace Relations Commission on 8^th December 2015.

Summary of Complainant’s Submission and Presentation:

The Complainant said she was employed by the Respondent as a Sales Assistant in his Shop in County Galway from 1^st April 2013.

The Complainant said that she met with the Respondent on 28^th August 2015, and he informed her that the Shop was closing that same day and accordingly she was losing her job immediately.   The Complaint said that she asked the Respondent about her redundancy payment and her notice.   She said the Respondent told her that his Accountant had everything sorted out for her.

Subsequently, the Complainant tried contacting the Accountant, but she never got to speak to him directly, as she was consistently told by his Secretary that he was unavailable.   The Secretary told the Complainant that she would have to do her own redundancy online and that it was nothing to do with them, i.e. the Accountant.

The Complainant said that she never did receive her redundancy payment.

The Complainant said that what occurred was clearly redundancy as defined, as her Employer “ceased to carry on the business for purposes of which she was employed by him”.   The Complainant said that despite this she never did receive the payment she was entitled to under the Redundancy Payments Acts and she submitted that accordingly her complaint was well founded and should be upheld.

In discussion at the Hearing the Complainant submitted that she was due the redundancy payment of €1,431.60c.

The Complainant sought a favourable decision.

Respondent’s Submission and Presentation:

The Respondent was not present or represented and they sent no submissions.

Findings and Decision:

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

The Respondent was not present or represented at the Hearing, accordingly I only have the evidence and submissions of the Complainant to rely upon in these matters and her uncontested evidence is accepted in full by me.

In circumstances where the Respondent had “ceased to carry on the business for the purposes of which the employee was employed by him,” plainly what occurred was redundancy as defined in the Redundancy Payments Acts.

I am completely satisfied and I find that the Complainant was dismissed by reason of redundancy and that accordingly she is entitled to a redundancy payment in accordance with the provisions of the Redundancy Payments Acts and the Respondent did not pay her any such payment.

I note the following:

• The Complainant’s weekly rate of pay was €245.98c.

   

• The Complainant was employed by the Respondent from 1^st April 2013 to 28^th August 2015, this is a period 2.41 years

   

• Statutory redundancy entitlements under the Redundancy Payments Act is 2 weeks pay per year of service plus one single weeks pay.  

   

• Based on the above the following calculations apply to the Complainant                

  -   2.41 years of service x 2 weeks + 1 week   =   5.82 weeks pay

  -   €245.98c x 5.82   =   €1,431.60c

Decision:

Based on the above findings I decide and declare that the complaint under Section 39 of the Redundancy Payments Act 1967 is well founded and it is upheld.   The net sum due to the Complainant in redundancy payments under the Redundancy Payment Act is €1,431.60c and I require the Respondent to pay her that sum within 6 weeks of the date of this decision.

Dated:   11/05/2016