FULL RECOMMENDATION
REDUNDANCY PAYMENTS ACTS, 1967 TO 2014 PARTIES : IVOR STOOPS - AND - SANTA LAIVINA DIVISION : Chairman: Mr Haugh Employer Member: Ms Doyle Worker Member: Mr Shanahan |
1. Appeal of Adjudication Officer Decision No. ADJ-00001229 CA-00001275-001.
BACKGROUND:
2. The employer appealed the decision of the Adjudication Officer to the Labour Court on the 14 July 2016. A Labour Court hearing took place on the 21 September 2016. The following is the Court's Determination:
DETERMINATION:
Background to the Appeal
Ms Laivina (‘the Complainant’) was employed by Mr James Ivor Stoops (‘the Respondent’) as a Mushroom Farm Worker for two separate periods: from 8 August 2002 to an unspecified date in 2006; and from . 4 October 2011 to 17 April 2015. The Complainant worked an average of 15.5 hours per week and was paid €141.40 per week. She was temporarily laid off in April 2015 in circumstances where the Respondent commenced upgrading works at his mushroom-growing plant. These works were never completed and the Complainant served Form RP9 on the Respondent and subsequently served FormRP77 on him. The Respondent failed to acknowledge receipt of either form.
The Complainant referred a complaint to the Workplace Relations Commission under the Redundancy Payments Act 1967 (“the Act”) seeking a lump sum statutory redundancy payment. A hearing was held on 10 March 2016 and the Adjudication Officer’s decision in favour of the Complainant issued on 7 June 2016. The Respondent appealed against that decision. The Notice of Appeal was received by the Court on 14 July 2016. The Court heard the Appeal on 21 September 2016.
Determination
The following information in relation to the Complainant’s employment history was confirmed by both Parties at the hearing of the within appeal:
Relevant Start date: 4 October 2011
Date of cessation: 17 April 2015
Rate of Pay: €141.40 per week
Hours worked: 15.5 hours per week
The Court determines that the within appeal is not well founded. The Complainant is entitled to a lump sum payment under the Act to be calculated in accordance with the aforementioned start and cessation dates and rate of pay. The Court so determines.
Signed on behalf of the Labour Court
Alan Haugh
LS______________________
28 September 2016Deputy Chairman
NOTE
Enquiries concerning this Determination should be addressed to Louise Shally, Court Secretary.