ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00006369

Complaint for Resolution:

Date of Adjudication Hearing: 22nd February 2017

Workplace Relations Commission Adjudication Officer: Seán Reilly

Procedure:

In accordance with Section 80 of the Workplace Relations Act 2015 and Section 39 of the 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.

Background:

The Complainant was submitting that she had not been paid her statutory redundancy payments when her employment was terminated by way of redundancy by the Respondent.

Summary of Complainant’s Case:

The Complainant was submitting that she had not been paid her statutory redundancy payments by the Respondent when her employment was terminated by way of redundancy by the Respondent.

The Complainant said that she was employed by the Respondent from 6^th September 1999 to 24^th October 2016 and that her normal weekly rate of pay was €400.00c.   She said her employment was terminated by reason of redundancy on 24^th October 2016.   The Complainant said she was placed on short-time working as defined under the Act by the Respondent consecutively from 20^th September 2016 or earlier and was laid of from work by the Respondent without pay with effect from 25^th October 2016.

The Complainant said that she wrote to the Respondent by registered post of 8^th November 2016, enclosing Form RP9 claiming/seeking her statutory redundancy payment by reason of her short time / layoff.   She said that she received no response from the Respondent and that she further submitted Form RP77 on 21^st November 2016 also by registered post

The Complainant said that she received no response or no redundancy payment from the Respondent.

The Complainant confirmed that there was no break in her continuity of employment in the period from 6^th September 1999 to 24^th October 2016.

The Complainant sought a favourable decision that she was entitled to her statutory redundancy payment.

Summary of Respondent’s Position:    

The Respondent was not present or represented and they sent no submissions.

Findings and Decision:

Section 80 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 39 of the Redundancy Payments Act 1967, requires that I make a decision in relation to the complaint in accordance with the same Section of that Act.

The Respondent was not represented at the Hearing and they sent no submissions, accordingly I only have the evidence and submissions of the Complainant to rely upon in these matters.

Based on the uncontested evidence of the Complainant the following facts were established at the Hearing:

• The Complainant was employed by the Respondent on a period of unbroken continuous service from 6^th September 1999 to 24^th October 2016.

• The Complainant’s normal weekly rate of pay was €400.00c gross

• The Complainant wrote to the Respondent, by registered post on 8^th November 2016, when she had been on combined continuous period of short-time working and layoff of more than 6 weeks, including in this correspondence Form RP9 seeking her statutory redundancy by reason of this short-time and layoff.

• The Complainant received no response from the Respondent to Form RP9 or her correspondence of 8^th November 2017.

• The Complainant submitted her complaint/claim to the WRC on 10^th December 2016.

Based on the foregoing I find and declare that the complaint under Section 39 of the Redundancy Payments Act 1967 is well founded and it is upheld.   I require the Respondent to pay the Complainant her statutory redundancy pay based on her weekly wage of €400.00c and her continuous unbroken service from 6^th September 1999 to 24^th October 2016.

Seán Reilly, Adjudication Officer  

Dated:   11/05/2017