ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00009068
| Complainant | Respondent |
Anonymised Parties | A Childminder | A Crèche |
Representatives |
Complaint(s):
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-00011896-001 | 14/06/2017 |
Date of Adjudication Hearing: 08/09/2017
Workplace Relations Commission Adjudication Officer: Roger McGrath
Procedure:
In accordance with Section 39 of the Redundancy Payments Acts 1967 - 2014 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 commenced employment with the Respondent on 1 August 2012. Her employment with the Respondent ended on 31 August 2016. |
Summary of Complainant’s Case:
The Complainant returned to work following leave on 31 August 2016 and was told the company had ceased trading. She was given a P45 and her holiday pay on the day her employment ended. She subsequently sent a letter to her former employer looking for a redundancy payment but she did not receive any response. |
Summary of Respondent’s Case:
The Respondent did not attend the hearing. A copy letter of notification of the hearing date addressed to the Respondent was on file. |
Findings and Conclusions:
Having heard and considered the uncontested circumstances of this case I am satisfied that the employment of the Complainant with the Respondent was terminated by way of redundancy. |
Decision:
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 those Acts.
Accordingly, the claim under the Redundancy Payments Acts 1967 to 2007 is allowed and the Complainant is awarded a statutory lump sum under those Acts, and based on the following:
Date of Commencement; 1st August 2012
Date of Termination; 31st August 2016
Gross weekly pay; €400.00
The award is made subject to the appellant having been in insurable employment under the Social Welfare Acts during the relevant period.
Dated: 08/11/17
Workplace Relations Commission Adjudication Officer: Roger McGrath
Key Words:
Redundancy, lump sum, |