ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00009093
Parties:
| Complainant | Respondent |
Anonymised Parties | French Language Teacher and Administrator | Language and Grinds School |
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-00011900-001 | 14/06/2017 |
Date of Adjudication Hearing: 18/10/2017
Workplace Relations Commission Adjudication Officer: Louise Boyle
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 commenced working as a French teacher/Administrator at the school on 1st September 2013. When she opened for work on 6th February 2017 she found the building empty. She subsequently received her P45 but did not receive redundancy. |
Summary of Complainant’s Case:
The complainant commenced employment following a meeting with the owner Ms A who invited her to work with her in her Language and Grinds School. Due to personal reasons Ms A later moved to another city in 2015 and left the complainant in charge of the school. When the complainant saw the financial situation of the company she was surprised that there was no money and there were many bills owing for tax and rent. She was advised by Ms A to engage with Ms A’s ex-partner, Mr B, regarding any issues that might arose. Around December 2016 Mr B advised her that the school might have to close or it might be sold. A court order was issued around January 2017 in relation to outstanding monies owed to the council. The case was due to come up in May 2017. She arrived into work on 6th February 2017 and there was very little left in the building. The complainant phoned Mr B and had to contact the teachers and students to tell them the school was closed. She received her P45 a week later. In October 2017, she received a message from Ms A looking for passwords etc. to Facebook and other social medias. She provided this to Ms A and asked her about her redundancy but received no reply. |
Summary of Respondent’s Case:
The Respondent did not engage with the Workplace Relations Commission in relation to the complaint. I confirmed that a letter had issued notifying the Respondent of the date, time and location of the hearing, but it was returned unopened and in the circumstances, I find that their non-attendance without any acceptable explanation to be unexplained in the circumstances. |
Findings and Conclusions:
Having listened to the evidence of the complainant, it would appear that the respondent closed the business, owing to financial difficulties, without given any notice to the complainant. A P45 was issued but attempts to secure redundancy from the respondent failed. Section 7(1) provides that: An employee, if he is dismissed by his employer by reason of redundancy or is laid off or kept on short-time for the minimum period, shall, subject to this Act, be entitled to the payment of moneys which shall be known (and are in this Act referred to) as redundancy payment provided— (a) he has been employed for the requisite period, and (b) he was an employed contributor in employment which was insurable for all benefits under the Social Welfare Acts, 1952 to 1966, immediately before the date of the termination of his employment, or had ceased to be ordinarily employed in employment which was so insurable in the period of two years ending on that date. Therefore, subject to the complainant having been in employment which is insurable for all purposes under the Social Welfare Acts, I find that the claim under the Redundancy Payments Acts 1967 to 2007 succeeds and award the complainant a redundancy lump sum based on the following: Date of Birth: 26 June 1973 Date of Commencement: 1st September 2013 Date of Termination: 6th February 2017 Gross Weekly Pay: €233.00 |
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.
Therefore, subject to the complainant having been in employment which is insurable for all purposes under the Social Welfare Acts, I find that the claim under the Redundancy Payments Acts 1967 to 2007 succeeds and award the complainant a redundancy lump sum based on the following: Date of Birth: 26 June 1973 Date of Commencement: 1st September 2013 Date of Termination: 6th February 2017 Gross Weekly Pay: €233.00 |
Dated: 20 November 2017
Workplace Relations Commission Adjudication Officer: Louise Boyle
Key Words:
Redundancy, failure of respondent to attend, |