ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00009822

Parties:

	Complainant	Respondent
Anonymised Parties	Dental Nurse	Dental Practice

Representatives

DID NOT ATTEND

Complaint:

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-00012867-001	31/07/2017

Date of Adjudication Hearing: 09/10/2017

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 Dental Nurse from 18^th February 2013 to 10^th September 2016. She was paid €610.79 per week. She has claimed that the business closed abruptly and she did not receive her statutory redundancy entitlements.

Summary of Complainant’s Case:

The business closed abruptly and she did not receive her statutory entitlements.

Summary of Respondent’s Case:

The Respondent did not attend and was not represented.

Findings and Conclusions:

I note correspondence on the file advising both parties of the venue, date and time of this hearing.

The Respondent did not attend and was not represented.

Based on uncontested evidence before this hearing I find that a genuine redundancy has arisen.

I find that she is entitled to statutory redundancy as per the terms of the Redundancy Payments Act.

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.

I have decided that the Complainant is entitled to statutory redundancy.

Her start date was 18^th February 2013

Her termination date was 20^th September 2016.

Her gross pay was €610.79 per week.

In the calculation of statutory entitlements the weekly wage cap is €600 per week.

Any award under the Redundancy Payments Act is subject to the Complainant having been in insurable employment for the relevant period under the Social Welfare Acts.

I order the Respondent to pay the Complainant her statutory redundancy entitlements as per the terms of the Redundancy Payments Act, within six weeks of the date below.

Dated: 25 October 2017

Key Words:

Redundancy