ADJUDICATION OFFICER DECISION
An Employee –v- A Limit Company.
Adjudication Decision Reference: ADJ-00005428
Complaint:
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-00007476-001 | 06/10/2016 |
Date of Adjudication Hearing: 11/01/2017
Workplace Relations Commission Adjudication Officer: Niamh O'Carroll Kelly
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015 and in accordance with Section 39 Redundancy Payments Act, 1967 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.
Attendance at Hearing:
By | Complainant | Respondent |
Parties | An Employee | A Limited Company |
Representative | Con O’ Leary Solicitor Brendan Hennessy BL | No Appearance |
Witnesses |
|
|
Complainant ‘s submissions:
The Complainant commenced work on the 21st July 1991. She worked 38 hours per week and was paid a gross weekly salary of € 397.00. The complainant’s position was made redundant and her employment ceased on the 29th July, 2016. She worked in a public house in Swords from July 1991. There were several changes in relation to the ownership of the Public House over the years, however, her place of employment and her terms and conditions of employment never changed. The only thing that changed was the name of the employer named on her payslips. The complainant requested that her statutory redundancy be paid to her. The respondent told her that she was only entitled to four years redundancy. They based that on the fact that in 2011 the within named respondent company was incorporated for the purposes of running the business. To date the complainant has not received a payment in relation to her redundancy.
Decision
Section 41(4) of the Workplace Relations Act 2015 and Section 39 Redundancy payments Act 1969 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
I find that the complainant’s claim succeeds. A redundancy payment is to be made to the complainant based on the following details:
Commencement date: 21.07.91
Cessation date : 29.07.16
Gross weekly pay: € 397.00
Date of Birth 20.06.1950
Dated: 19 May 2017