ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00004990
Anonymised Parties
Designer
Manufacturing
Complaint for Adjudication:
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-00007060-001
16/09/2016
Date of Adjudication Hearing: 20/02/2017
Workplace Relations Commission Adjudication Officer: Rosaleen Glackin
Location of Hearing: Lansdowne House, Dublin 4.
Procedure:
In accordance with Section 39 of the Redundancy Payments Acts 1967 – 2014and 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 13th June 2013 until her position was made redundant on 6th April 2016. The Complainant was paid €47,500 gross per annum.
The Complainant referred a complaint to the Workplace Relations Commission on 16th September 2016 in relation to the non-payment of her Redundancy entitlements
Summary of Complainant’s Case:
The Complainant stated that she was informed on 23rd March 2016 that her position was to be made redundant and she was informed that she would be paid her statutory redundancy entitlements of €3948.00. The Complainant stated that she served the RP 77 Form on the Respondent on 16th August 2016 requesting her RP 50 and her redundancy payment. There was no response from the Respondent. Following a phone call with the Respondent, Named, on 7th February 2017 she was informed that the Respondent would pay the money owed in instalments of €1000.00 a month. The Complainant refused to accept this and she confirmed to the Respondent that she was proceeding with the Hearing scheduled for the WRC on 20th February 2017.
Summary of Respondent’s Case:
The Respondent confirmed at the Hearing that the Complainant had not been paid her Redundancy entitlements and confirmed that the Complainant was due payment of Redundancy of €3948.00
Findings and Conclusions:
Both Parties confirmed at the Hearing that the Complainant had not been paid her Redundancy entitlements under the Redundancy Payments Act, 1967.
Decision:
Section 39 of the Redundancy Payments Act 1967 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.
In accordance with Section 39 of the Redundancy Payments Act, 1967 I declare this complaint is well founded. I direct the Respondent to pay the Complainant her Redundancy entitlement of €3948.00 within 42 days of the date of this Decision
Dated: 15th May 2017
Workplace Relations Commission Adjudication Officer: Rosaleen Glackin
Key Words:
Redundancy