ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00005084
Parties:
| Complainant | Respondent |
Anonymised Parties | An Employee | A Retail Shop |
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-00007118-001 | 21/09/2016 |
Date of Adjudication Hearing: 06/01/2017
Workplace Relations Commission Adjudication Officer: Ray Flaherty
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and 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 worked in the Respondent’s retail shop from 1 July 2013 to 16 October 2015, when the business closed own. |
Summary of Complainant’s Case:
The Complainant was made redundant on 16 October 2015. At the time the Complainant was advised, by the Respondent, that all outstanding payments, including statutory redundancy, would be paid. However, despite numerous requests to the Respondent, the Complainant failed to get payment or even to get information on her redundancy. The Complainant stated that she was first informed by the Respondent that the local Social Welfare office was looking after this redundancy claim. After a few months of trying to contact the Respondent, the Complainant arranged an appointment with the Social Welfare Officer, who informed her that they were not aware of the situation and, more importantly that it was the Respondent’s responsibility to look after the redundancy payments. The Complainant then completed Redundancy Payments Act Form RP77 on 3 May 2016 and send it to the Respondent. When no reply was received the Complainant then completed an RP50 application Form online on 1 June 2016, a copy of which was sent to the Respondent. However, this too has been ignored. Social Welfare have written to the Complainant to advise they cannot process her redundancy claim unless the Respondent signs Part 6. After numerous texts to the Respondent, the Complainant felt they had no option but to pursue a complaint to the WRC. The Complainant submitted evidence to the effect that the redundancy calculation, based on 5.6 weeks on a gross weekly wage of €150 pw, is €840.00. |
Summary of Respondent’s Case:
The Respondent did not attend the Hearing and did not provide any other submission or response to the complaint. |
Findings and Conclusions:
Based on the uncontested evidence presented by and on behalf of the Complainant, I am satisfied as to the validity of her redundancy claim. Based on the information and calculations provided by the Complainant, I accept the amount of redundancy due to be €840.00. |
Decision:
Section 39 of the Redundancy Payments Acts 1967 – 2012 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.
Based on the findings and conclusions set out above, I uphold the complaint and find in the Complainant’s favour in the sum of €840.00 in respect of her redundancy claim. |
Dated: 25 April 2017
Workplace Relations Commission Adjudication Officer: Ray Flaherty
Key Words:
Redundancy Payment |