ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00002561

Complaint for Resolution:

Date of Adjudication Hearing: 05/09/2016

Workplace Relations Commission Adjudication Officer: Patsy Doyle

Procedure:

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

The complainant commenced work as a supervisor for the respondent food store on 1 October, 2010. She worked a 40 hour week for €507.80. She worked without incident until 18 July 2015, when she received notification that the shop was shutting down the next day.

She went on pre booked annual leave, returned and sought access to a lump sum redundancy payment .She was unsuccessful. There were other employees at the business, but they were mostly family members of the respondent. Her P45 was dated 19 July, 2015.

The complainant persevered in her claim for redundancy and was unsuccessful in securing the respondents signatures on her RP50 form.

Respondent’s Submission and Presentation:

There was no appearance by or on behalf of the respondent.

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. Section 39 of the Redundancy Payments Act permits a decision to be made on this claim for a lump sum payment.

Legislation involved and requirements of legislation:

General right to redundancy payment. Redundancy Payments Act, 1967.

7.—(1) An employee, if he is dismissed by his employer by reason of redundancy or is laid off or kept on short-time for the minimum period, shall, subject to this Act, be entitled to the payment of moneys which shall be known (and are in this Act referred to) as redundancy payment provided—

(a) he has been employed for the requisite period, and

(b) he was an employed contributor in employment which was insurable for all benefits under the Social Welfare Acts, 1952 to 1966, immediately before the date of the termination of his employment, or had ceased to be ordinarily employed in employment which was so insurable in the period of four years ending on that date.

(2) For the purposes of subsection (1), an employee who is dismissed shall be taken to be dismissed by reason of redundancy if for one or more reasons not related to the employee concerned the dismissal is attributable wholly or mainly to—

(a) the fact that his employer has ceased, or intends to cease, to carry on the business for the purposes of which the employee was employed by him, or has ceased or intends to cease, to carry on that business in the place where the employee was so employed, or ……

Decision:

I am satisfied that all parties were on notice of the hearing on 5 September, 2016.As there was no appearance by or on behalf of the respondent , I heard the uncontested evidence of the complainant ,who had pursued her application for redundancy against the respondent since the closure of the shop in July 2015. She has since taken on the lease for the shop and has relaunched the business from October, 2015. All efforts to secure a lump sum redundancy payment following direct dialogue with the respondent were unsuccessful.

Having considered the evidenced adduced at the hearing, in addition to submission of documentary evidence of cessation of employment and salary paid, I find that the complainant is entitled to a redundancy payment in accordance with Section 7(2)(a) of the Acts.

Date of Commencement:                   1 October 2010

Date of Termination:                          19 July 2015

Gross Weekly Pay:                               €397.79   ( extracted from P45 Pro-forma)

This award is made subject to the complainant having been in insurable employment under the Social Welfare Acts during the relevant period.

Dated:   16/11/2016