ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00008643

Parties:

	Complainant	Respondent
Anonymised Parties	Manager	Delicatessen

Complaint:

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-00011576-001	26/05/2017

Date of Adjudication Hearing: 24/08/2017

Workplace Relations Commission Adjudication Officer: Eugene Hanly

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 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 employed as a manager from 24^th February 2011 to 14^th February 2017. She was paid €322.00 per week. She has claimed that she is due statutory redundancy.

Summary of Complainant’s Case:

The Claimant stated that the business closed abruptly on 14^th February 2017. She was not given redundancy. She made a number of enquiries about getting paid. She also requested the Respondent to sign the redundancy form and they declined. She has claimed €4,173.12.

Summary of Respondent’s Case:

The Respondent stated that the business ran into financial difficulties. The electricity supplier cut of power so the business had to close forthwith. They accept that the Complainant is entitled to redundancy but they have no funds to pay it.

Findings and Conclusions:

I note that the Respondent accepts that the Complainant is entitled to statutory redundancy.

I note that the Respondent has pleaded inability to pay.

I note that the Respondent is willing to have their accountant write to the Complainant confirming that they do not have the funds to pay the redundancy.

I find that this complaint is well founded.

Decision:

Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.

I have decided that the Complainant is entitled to statutory redundancy as per the terms of the Redundancy Payments Acts.

I require the Respondent to pay this statutory redundancy payment within six weeks of the date below.

Dated: 30^th August 2017

Workplace Relations Commission Adjudication Officer: Eugene Hanly

Key Words:

Redundancy payment