ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00008606

Complaint:

Date of Adjudication Hearing: 28th September 2017

Workplace Relations Commission Adjudication Officer: Seán Reilly

Procedure:

In accordance with Section 80 of the Workplace Relations Act 2015, Section 39 of the Redundancy Payments Act 1967 and 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 payment by the Respondent when her employment was terminated by way of redundancy.

Summary of Complainant’s Case:

The Complainant was submitting that she had not been paid her statutory redundancy payment 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 1^st September 2009 to 3^rd 2016 and her weekly rate of pay €359.50c.

The Complainant said that her employment was terminated by reason and way of redundancy on 3^rd December 2016 when the employment closed down with the loss of all jobs.   The Complainant said that on 27^th October 2016 the Employer informed her that he would be closing down the Shop probably in 3 weeks’ time due to a number of reasons and that she would obviously be losing her job. She said that at the date of the closure she asked her Employer about her redundancy payment and he told her not to worry about it that he would look after it, but she said the Employer did not in fact pay her statutory redundancy payment.

The Complainant submitted that what occurred was clearly a redundancy as defined under the Redundancy Payments Act, however she was not paid her statutory redundancy payment by the Respondent despite all efforts on her part.

The Complainant confirmed that there was no break in her continuity of employment in the period from 1^st September 2009 to 3^rd December 2016.

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

Summary of Respondent’s Case:

The Respondent was not present or represented at the Hearing and he sent no submissions.

Findings, Conclusions 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 Acts 1967 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.

The Respondent was not present or represented at the Hearing and he sent no submissions, accordingly I only have 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 from 1^st September 2009 to                   3^rd December 2016 on a period of continuous unbroken service

• The Complainant’s normal weekly rate of pay was €359.50c.

• The Complainant submitted her complaint under the Act to the WRC on 9^th May 2017

Based on the foregoing findings 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 payment based on her normal weekly wage of €359.50c and her continuous service from 1^st September 2009 to 3^rd December 2016.

Dated:   22/11/2017

Workplace Relations Commission Adjudication Officer: Seán Reilly

Key Words: Redundancy