ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00003985
Complaints for Resolution:
Act
Complaint/Dispute Reference No.
Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977
CA-00005477-001
24/06/2016
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973
CA-00005477-002
24/06/2016
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967
CA-00005477-003
24/06/2016
Date of Adjudication Hearing: 27/02/2017
Workplace Relations Commission Adjudication Officer: Niamh O'Carroll Kelly
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015 and following the presentation by an employee of a complaint of a contravention by an employer of an Act contained in Schedule 5 of the Workplace Relations Act of 2015 and claims under the Unfair Dismissals Act, 1977 and the Redundancy Payments Act, 1967 made to the Director General and following a referral by the said Director General of this matter to the Adjudication services, I can confirm that I have fulfilled my obligation to make all relevant inquiries into the complaint or dispute. I have additionally and where appropriate heard the oral evidence of the parties and their witnesses and have taken account of the evidence tendered in the course of the hearing.
The Complainant herein has referred three matters for dispute resolution pursuant to Section 8 Unfair Dismissals Act, 1977, Section 11 Minimum Notice & Terms of Employment Act, 1973 and Section 39 Redundancy Payments Act, 1967 and the referral has been made within six months of the initial circumstances of the relevant dispute/contravention.
Attendance at Hearing:
By
Complainant
Respondent
Representative
Padraig Lyons BL Niamh Walsh Solicitor
Witnesses
Darren Scott
Preliminary Matter.
The respondent consented to the amendment of the name of the Respondent from that named in the claim form to the relevant limited liability company.
Complainant’s Submissions
The complainant conceded that her claim was one for redundancy. She commenced working with the company on 20 January, 2007. Her partner, who was a company director and who also ran the company, died in 2016. When she arrived into work one week later on 22 February, 2016 the locks on the doors had been changed and the company had ceased trading. She was given no notice of the situation prior to that. She did not receive her Minimum Notice or Redundancy Pay from the Company.
Respondents Submissions
When the complainant’s partner died there was nobody to run the company so a decision was made to close it. The CRO search lists the company as “Strike Off Listed”. The company at the time of the redundancy was not in a financial position to pay the complainant’s redundancy or minimum notice.
It is conceded that the complainant is entitled to a redundancy payment.
Decision:
Section 41(4) 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.
Section 8(1B) of the Unfair Dismissals Act, 1977 requires that I make a decision in relation to the unfair dismissal claim consisting of a grant of redress in accordance with section 7 of the 1977 Act.
Section 38 Redundancy Payments Act, 1967 requires that I make a decision in relation to the Redundancy Claim in accordance with the Act.
CA 5477 -003
The complainant is entitled to a redundancy payment in circumstances were the company ceased trading following the death of her partner, who was a company director. In that regard the complainant’s details are as follows:
Date of commencement: 20.01.2007
Date employment ended: 22.02.2016
Gross weekly remuneration: € 200.00
Date of Birth: 03.01.1956
CA 5477 - 002
The complainant is entitled to her Minimum Notice payment in circumstances were the company ceased trading as set out above.
S. 4.—(1) An employer shall, in order to terminate the contract of employment of an employee who has been in his continuous service for a period of thirteen weeks or more, give to that employee a minimum period of notice calculated in accordance with the provisions of subsection (2) of this section.
(2) The minimum notice to be given by an employer to terminate the contract of employment of his employee shall be—
(c) if the employee has been in the continuous service of his employer for five years or more, but less than ten years, four weeks
I find that the complainant is entitled to the sum of € 800.00 which said sum amounts to four weeks pursuant to Section 4(1)(c) .
CA 5477- 001
No evidence was introduced in relation to the Unfair Dismissal Claim. According, I dismiss the complainant’s claim pursuant to Section 8 Unfair Dismissals Act, 1977.
Dated: 23rd May 2016