ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00005050

Complaint(s)/Dispute(s) for Resolution:

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-00007157-001	22/09/2016

Date of Adjudication Hearing: 06/02/2017

Workplace Relations Commission Adjudication Officer: Emile Daly

Location of Hearing: The Mullingar Park Hotel

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and/or Section 39 of the Redundancy Payments Acts 1967 - 2014 following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).

Background:

The Complainant worked for the Respondent as a child care employee from 2013 until 2016. The Respondent’s business ceased trading on 30 April 2016.

Summary of Complainant’s Case:

The Complainant claims redundancy

She further claims one week minimum notice and one week of unpaid wages and seeks to amend her complaint to add these heads of claim

Summary of Respondent’s Case:

The Respondent accepts the claims are due and owing. She does not dispute that a redundancy situation occurred.

She further accepts that the claims for one week minimum notice and one week of unpaid wages are also due and owing. She is happy to accept an amendment to the complaint and add these two further claims and for them to be dealt with in this Adjudication.

Findings and Conclusions:

None of the claims are in dispute therefore based on the evidence given by the Complainant I find the following:

She was made redundant on 30 April 2016 and is entitled to receive a redundancy lump sum
As no complaints were made in the complaint form for minimum notice and payment of wages I am precluded from making an award under these headings. This is even if there is consent to amend and add to the complaints that have been made at the hearing, I am precluded from doing so.
Therefore relief may only lie in respect of redundancy.
The Complainant has liberty to issue a fresh complaint in respect of the other two complaints, but must do so within 12 months from the date of dismissal

Decision:

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

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 find that the complainant is entitled to a redundancy sum from the Respondent on the following

Date of Birth 7 August 1988

Date of Commencement 4 June 2013

Date of Termination 30 April 2016

Gross weekly Pay €400.00

This is based on her employment being continuous and insurable.

Dated: 09/05/2017

Workplace Relations Commission Adjudication Officer: Emile Daly