ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00005651

Complaint for Resolution:

Date of Adjudication Hearing: 12th January 2017

Workplace Relations Commission Adjudication Officer: Kevin Baneham

Procedure:

On the 17^th October 2016, the complainant referred a complaint pursuant to the Redundancy Payments Act to the Workplace Relations Commission. The complaint was scheduled for adjudication on the 12^th January 2017. The complainant is a book keeper and the respondent was a provider of accountancy services.

At the time the adjudication was scheduled to commence, it became apparent that there was no appearance by or on behalf of the respondent. I verified that the respondent was on notice of the adjudication and having waited some time to accommodate a late arrival, I proceeded with the adjudication in the absence of the respondent.

In accordance with section 39 of the Redundancy Payments Act and following the referral of the complaint to me by the Director General of the Workplace Relations Commission, 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 is seeking to establish her entitlement to a redundancy lump sum payment. She commenced employment for the respondent on the 1^st September 1981 and worked as a book keeper. The respondent provided accountancy services, but it transpired in more recent times that he was not a qualified accountant.

The complainant said that her employment came to an end on the 25^th November 2016. She had stopped going to work during the course of 2015. She had received a telephone call from a client to say that the respondent had stolen €1,200,000 from him. The complainant went on a period of sick leave in early 2015 and the respondent had telephoned her shortly before Christmas 2015, asking whether she was returning to work. The complainant said that she had been aware of other serious issues coming down the track. A newspaper article in 2016 referred to further financial irregularities, including those involving the funds of a charity.

The complainant outlined that she had worked a three-day week and was paid €188.30 each week. She had worked for the first 13 weeks of 2015 and before that, back to September 1981. She had raised the issue of her redundancy with the respondent, but he had declined to sign the necessary documentation.

Respondent’s Submission and Presentation:

The respondent did not attend the adjudication and did not make submissions to it.

Findings and reasoning:

This is a complaint made pursuant to the Redundancy Payments Acts. The complainant was employed by the respondent as a book keeper. Having heard evidence from the complainant, I am satisfied that she commenced her employment with the respondent on the 1^st September 1981. She worked three days per week and was paid €188.30 per week. The complainant worked for the first 13 weeks of 2015. I find as fact that she last attended work on Friday, 3^rd April 2015. She was in receipt of Illness Benefit after that. I find that the employment relationship came to an end on the 25^th November 2016.

Having considered the evidence before me, I find that the complainant is entitled to a redundancy lump sum payment. The complainant went on a prolonged period of sick leave in 2015 and the first 26 weeks of this period of sick leave is reckonable service, pursuant to Schedule 3, Regulation 8 of the Redundancy Payments Acts, as amended. I find that the complainant qualifies for a redundancy lump sum payment under the Redundancy Payment Acts, 1967 to 2014, based on the following information:

Date of commencement: 1^st September 1981

Date of sick leave: 6^th April 2015 to the 25^th November 2016 (of which the first 26 weeks are reckonable service)

Date of end of employment: 25^th November 2016

Weekly gross pay: €188.30

Decision:

Section 39 of the Redundancy Payments Act requires that I make a decision in relation to the complaint.

I decide that, pursuant to the Redundancy Payment Acts, the complainant is entitled to a redundancy lump sum calculated according to the following criteria:

Date of commencement: 1^st September 1981

Date of sick leave: 6^th April 2015 to the 25^th November 2016 (of which the first 26 weeks are reckonable service)

Date of end of employment: 25^th November 2016

Weekly gross pay: €188.30

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

Dated:   26/04/2017