ADJUDICATION OFFICER DECISION

 Adjudication Reference: ADJ-00008411

Parties:

      Complaint:

  Date of Adjudication Hearing: 16/11/2017

Procedure:

In accordance with Section 39 of the Redundancy Payments Acts 1967 - 2014following 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 Cleaner from 1st November 2007 to 30th November 2016. She worked 7.5 hours over three days and was paid €78.75 per week. She has claimed statutory redundancy payment.

Summary of Complainant’s Case:

The Complainant stated that on 25th November 2016 she was notified in writing that the contract had been lost and that she was due to finish up on 30th November 2016. The Respondent offered her 10 hours of work over 5 days in a different location which was 25km away and would take anything from 27 minutes to 47 minutes to commute, according to google maps. She could not afford to take that job so she explained that it would cost her money to go there so she declined. No other work was offered and he did not offer her statutory redundancy. When she asked for redundancy he did suggest €500 but this was declined. She was a very good worker and never had any problems and no absences. She has claimed her statutory redundancy entitlements.

Summary of Respondent’s Case:

The Respondent did not attend and was not represented.

Findings and Conclusions:

I note correspondence on file advising both parties of the venue, date and time of this hearing. I note that the Respondent did not attend and was not represented. I note that the Respondent lost the cleaning contract. I note that the Respondent offered her alternative work of 10 hours per week spread over five days. I note that this offer was declined as it was not suitable, it would be too costly to get to work for such short shifts. I find that this was not an offer of suitable alternative employment. In those circumstances, I find that a genuine redundancy existed. I find that the Complainant is entitled to her statutory redundancy entitlements.

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. I have decided that a genuine redundancy exists and that the Complainant is entitled to statutory redundancy. Her start date was 1st November 2007. Her termination date was 30th November 2016. Her gross pay was €78.75 per week. Any award under the Redundancy Payments Act is subject to the Complainant having been in insurable employment for the relevant period under the Social Welfare Acts. I order the Respondent to pay the Complainant her statutory redundancy entitlements as per the terms of the Redundancy Payments Act, within six weeks of the date below.  

  Dated:   15 December 2017

Key Words: Redundancy Payment