ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00008226
Parties:
| Complainant | Respondent |
Anonymised Parties | Sales Assistant | Polish retail shop |
Complaint(s):
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-00010964-001 | 21/04/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00010964-002 | 21/04/2017 |
Date of Adjudication Hearing: 14/07/2017
Workplace Relations Commission Adjudication Officer: Marguerite Buckley
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 39 of the Redundancy Payments Acts 1967 - 2014 following the referral of the complaint(s) to me by the Director General, I inquired into the complaint(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s).
Background:
The Complainant commenced working for the Respondent on the 19th of March 2013.
She was laid off by her employer on the 21st of November 2016. On the 21st of December 2016 she completed part B of the RP9 which was her notice of intention to claim redundancy lump sum payment in a lay off situation.
The Respondent did not complete part C the counter notice and confirmed on the 23rd of December 2016 that the Complainant was made redundant.
There was a further complaint in relation to holiday pay.
The Complainant obtained a statement from Revenue as to her pay and number of insurable weeks from the commencement of her employment on the 19th of March 2013 to the termination of her employment on the 21st of December 2016.
For the year 2016 the Complainant received pay of €16,091.82 over a period of 47 weeks.
|
Summary of Complainant’s Case:
The Complainant was paid €9.15 per hour. She calculated her average working week at 37.26 hours. Based on the 8% of the hours worked she calculated she was entitled to 140.11 hours which equated to 19.45 days.
She confirmed that she received twelve days annual leave and was entitled to a further 7.45 days.
|
Summary of Respondent’s Case:
The Respondent through correspondence to the Complainant set out that her average working week was 32 hours per week and that she was not entitled to pay for her break and as such it was not to be included in her annual leave entitlement calculations. |
Findings and Conclusions:
CA-00010964-001 I am satisfied that the redundancy was a genuine redundancy in that the shop closed down.
Having heard and considered the uncontested circumstances of this case, I am satisfied that the employment of the Complainant with the Respondent was terminated by way of redundancy. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.
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.
CA-00010964-001 My decision is that the Complainant is entitled to a statutory lump sum under the Redundancy Payments Acts 1967 to 2007 based on the following Date of commencement 19th March 2013 Date of termination 21st December 2016 Gross weekly wage €335.22 This decision is made subject to the Complainant being in insurable employment during the relevant time.
CA-00010964-002 Having reviewed the submissions, I accept the Complainant’s figures and make an award of a further 7.45 days of annual leave which amounts to a gross payment of €490.80. |
Dated: 18 August 2017
Workplace Relations Commission Adjudication Officer: Marguerite Buckley
Key Words:
Redundancy Annual leave entitlement |