ADJ-00007643

ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00007643

Parties:

	Complainant	Respondent
Parties	Complainant	Respondent

Complaints:

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-00010006-001	02/03/2017
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973	CA-00010006-002	02/03/2017

Date of Adjudication Hearing: 22/06/2017

Venue: Ardboyne Hotel, Navan, Co. Meath

Workplace Relations Commission Adjudication Officer: John Walsh

Procedure:

In accordance with Section 39 of the Redundancy Payments Acts 1967 - 2014 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 employed as a play school leader from the 2st of February 2007 to the 21^st of August 2015. She was paid a weekly wage of €129 and she worked 15 hours per week. While she was on maternity leave, she received a telephone call from the Respondent advising her that the business was closing down and that she was to be made redundant. However the Respondent failed to pay her redundancy entitlements. The Respondent also failed to pay her minimum notice entitlements. She filed a complaint with the Workplace Relations Commission on the 2^nd of March 2017.

Summary of Complainant’s Case:

The Complainant stated that she was made redundant in August 2015 when she was off on maternity leave. She received a telephone call explaining that they were not going to reopen the business. The Respondent referred her to their accountant explaining that the accountant would arrange for her redundancy payment. She visited the accountant who told her the process would take at least 15 months and that she would organise the paperwork. The accountant gave her a letter for social welfare explaining that they were looking after the application and that they were applying for the redundancy for her. Over the months she regularly visited the accountant who explained to her that there was a waiting period. Finally, she visited the accountant’s office at the end of January 2017 and she was advised that the accountant had not applied for the redundancy and that she wouldn’t be doing so because she no longer worked for the Respondent and wouldn’t get paid. The Complainant is requesting an extension on the 12 month time limit for submitting a claim based on the fact that she was provided with misleading information and fully believed that the accountant would apply for her redundancy. The accountant was in a position of trust and knowledge which she did not have. It is on this basis that she is seeking an extension of the time limits in relation to her complaint.

Summary of Respondent’s Case:

The Respondent did not attend at the hearing and did not provide any written submissions. The Respondent eventually provided an RP50 to the Complainant in July 2017.

Findings and Conclusions:

I find that the Complainant’s employment was terminated on the 21^st of August 2015 after she was informed by the Respondent that the business was closing down. Based on the uncontested evidence of the Complainant, I find that the Complainant’s employment was terminated by reason of redundancy following the closure of the Respondent’s business. I also find that the Complainant is entitled to her statutory minimum notice. I have decided to extend the time limit of the Complainant’s complaint because she understood that the accountant who was representing the Respondent would process her complaints as was normal procedure . The accountant failed to do this.

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 that Act.

Reference No: CA-00010006-001

I find that the Complainant is entitled to a statutory redundancy lump sum under the Redundancy Payments Act, 1967 based on the following criteria;

Date of Commencement: 1^st of February 2007

Date of Termination: 21^st of August 2015

Gross weekly wage: €129

This award is made subject to the Complainant fulfilling current social welfare requirements in relation to PRSI contributions.

Section 11 of the Minimum Notice and Terms of Employment Act, 1973 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.

Reference No: CA-00010006-002

I find that the Complainant is entitled to 4 weeks statutory minimum notice under the Minimum Notice and Terms of Employment Act, 1973.

Officer: John Walsh

Dated: 10/11/17