ADJ-00005104

ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00005104

Complaint for Resolution:  

Date of Adjudication Hearing: 23/11/2016

Workplace Relations Commission Adjudication Officer: Rosaleen Glackin

Procedure: 

In accordance with Section 39 of the Redundancy Payments Act, 1967 and 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 from 12^th September 2010 until the employment was terminated on 5^th February 2016. The Complainant was paid €9.31 an hour and she worked 40 hours a week. The Complainant referred a complaint to the Workplace Relations Commission on17th May 2016 alleging the Respondent had breached the Redundancy Payments Act, 1967.

Summary of Complainant’s Position. 

The Complainant stated that the Company had closed and the Employer had left the country. She forwarded the RP50 Form to the Respondent but it was returned by post and unsigned to her home address. She Submitted the RP50 Form to the Department of Social Protection but they were unable to pay her Redundancy entitlements as the Employer had not signed it. She stated she was advised to go to the WRC. She is seeking payment of her Redundancy entitlements. 

Findings

The Complainant has 104 weeks continuous service with the Respondent as required by Section 7(5) of the Act. The Complainant sought to have the Respondent complete the RP50 Form but on the evidence of the Complainant this was returned unsigned to the Complainant. 

Decision

In accordance with Section 39 of the Redundancy Payments Act, 1967 I declare the complaint is well founded. I direct the Respondent to pay the Complainant her Redundancy entitlements as specified under the Redundancy Payments Act, 1967.

Rosaleen Glackin 

Adjudication Officer 

Date:__06 March 2017__