ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00008253
Parties:
| Complainant | Respondent |
Anonymised Parties | Shop 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-00010961-001 | 20/04/2017 |
Date of Adjudication Hearing: 14/07/2017
Workplace Relations Commission Adjudication Officer: Marguerite Buckley
Procedure:
In accordance with Section 39 of the Redundancy Payments Acts 1967 - 2014 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 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. |
Summary of Complainant’s Case:
As above |
Summary of Respondent’s Case:
As above through correspondence with the Complainant |
Findings and Conclusions:
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 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.
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 21 November 2011 Date of termination 21st December 2016 Gross weekly wage €292.80 This decision is made subject to the Complainant being in insurable employment during the relevant time.
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Dated: 18 August 2017
Workplace Relations Commission Adjudication Officer: Marguerite Buckley
Key Words:
Redundancy |