ADJ-00008314

ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00008314

Parties:

Complaint:

Date of Adjudication Hearing: 29th August 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 2967 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 payments when her employment was terminated by the Respondent 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 15^th April 2013 to 26^th October 2016 and that her normal weekly rate was €753.97c.

The Complainant said that her employment was terminated by reason and way of redundancy on 26^th October 2016, when the Respondent closed down the employment, without notice, with the loss of all jobs.   The Complainant submitted that what occurred was plainly a redundancy as defined by the Redundancy Payments Act; however she was not paid her statutory redundancy by the Respondent, despite strenuous efforts on her part and the part of her colleagues.

The Complainant confirmed that there was no break in her continuity of employment in the period from 15^th April 2013 to 26^th October 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 they sent no submissions.

Findings and Decision:

Section 41 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 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 from 15^th April 2013 to 26^th October 2016 on a period of unbroken service

   

• The Complainant’s normal weekly rate of pay was €753.97c.

   

• The Complainant submitted her complaint to the WRC on 25^th April 2017.

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 payment based on her normal weekly wage of €753.97c and her continuous unbroken service from 15^th April 2013 to 26^th October 2016.

Dated: 13/10/17

Workplace Relations Commission Adjudication Officer: Seán Reilly

Key Words: Redundancy