ADJUDICATION OFFICER DECISION/RECCOMMENDATION

Adjudication Decision Reference: ADJ-00002955

Complaint for Resolution:

Date of Adjudication Hearing: 29/06/2016

Workplace Relations Commission Adjudication Officer: John Walsh

Procedure:

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

Background:

The Complainant was employed as a horse-rider for the Respondent from the 1^st of February 2005 to the 31^st of October 2014. She alleges that she was dismissed from her employment on the grounds of redundancy and was not paid a redundancy entitlement by the Respondent. She filed a complaint with the Workplace Relations Commission on the 24^th of December 2015.

Preliminary issue- Time limit

The Complainant pointed out at the hearing that the reason it took her for over a year to file her complaint with the Workplace Relations Commission was due to the fact that the Respondent promised that he would pay her the redundancy over a period of time. She accepted his explanation that he would but he failed to honour his promise. This is the reason that her claim took over a year to file.

I accept the explanation that the Complainant had ‘reasonable cause’ for not filing a complaint sooner.

Complainant’s Submission:

That she did not receive her redundancy entitlements on the termination of her employment. That she was paid at the rate of €3047.67 per month. She worked over 50 hours per week. That she has the following redundancy entitlements;

Employment Details

Date of Birth: 15/9/1973

Employment start date: 1/2/2005

Employment end date: 31/10/14

Gross weekly wage: €600

Calculation of Statutory Service

Years: 9

Days: 275

Plus bonus week: 1

Total weeks: 20.5

Redundancy Entitlements

Statutory Entitlement: 20.5 x €600 = €12,300

Respondent’s Submission:

The Respondent company commenced training in 2003. The main purpose and function of the company was to breed and to train horses. On the 31^st of October 2014 the company was put onto a care and maintenance until all the horses were sold. The Complainant worked in the capacity of a rider and she later took over the management of the yard. The Complainant worked with the company until the company was no longer viable in 2014 and the complainant was made redundant. At the time there was no fund to facilitate the redundancy payment. The Respondent has been in discussion with the Revenue Commissioners and has advised them that the company had ceased trading and it was not in a position to appoint a liquidator due to lack of funds. The company was struck off the register by the registrar of companies on the 16^th of April 2014. While it was always the intention to pay the Complainant her due redundancy payments, the funds simply weren’t in the business to do so.

Findings:

Based on the evidence presented by both parties, I find that the Complainant has the right to be paid her redundancy entitlements of €12300.

Decision:

Section 41(4) of the Workplace Relations Act 2015 and under 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 under Schedule 6 of that Act.

Based on the evidence presented at the hearing I find that the complaint is well founded. I order the Respondent to pay to the Complainant her redundancy entitlements of €12300. This sum should be paid within 6 weeks of the date of this decision.

Dated:   30 September 2016