ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00011208
Parties:
| Complainant | Respondent |
Anonymised Parties | An Employee | A Company ( In Liquidation) |
Representatives | Cyril Cawley Heffernan Foskin Solicitors | No Appearance |
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-00014820-001 | 06/10/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00014820-002 | 06/10/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 6 of the European Communities (Protection of Employment) Regulations 2000 | CA-00014820-003 | 06/10/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00014820-004 | 06/10/2017 |
Date of Adjudication Hearing: 10/01/2018
Workplace Relations Commission Adjudication Officer: Niamh O'Carroll Kelly
Procedure:
In accordance withSection 39 of the Redundancy Payments Acts 1967 - 2014following the referral of the complaints 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.
The complainant withdrew CA-00014820-002, 003, 004.
Summary of Complainant’s Case:
The complainant accepts that her position was made redundant on the 22.12.2015. The respondent company however, did not make that clear to her. She was asked to sign forms but was not asked to sign an RP50. In May, 2016 the liquidator sent the complainant a partially completed RP50 form. The complainant was passed from the liquidator to the Department of Social Protection and back again. Her claim was mishandled from the outset. Unfortunately, when the matter was finally sent back to the Department of Social Protection for payment it was deemed to be out of time. The complainant did not lodge her claim with the Workplace Relations Commission in those circumstances until the 06.10.2017. |
Summary of Respondent’s Case:
No Appearance. |
Findings and Conclusions:
Section 24 (2) (A) “Where an employee who fails to make a claim for a lump sum within the period of 52 weeks mentioned in subsection (1) (as amended) makes such a claim before the end of the period of 104 weeks beginning on the date of dismissal or the date of termination of employment, adjudication officer, if so satisfied that the employee would have been entitled to the lump sum and that the failure was due to a reasonable cause, may declare the employee to be entitled to the lump sum and the employee shall thereupon become so entitled.” The complainant’s position within the respondent entity was made redundant on the 22.12.2015. She filed the within claim on the 06.10.2017. However, I am satisfied that based on the complainant’s evidence that she has shown reasonable cause for the delay in filing the claim. It is on that bases that I find that I have jurisdiction to hear the matter. Accordingly, I find that the complainant is entitled to a redundancy lump sum payment based on the following details: Start date 14.02.2006 End date 22.12.2015 Gross weekly salary € 200.00. |
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.
ADJ 11208, CA 00014820-001 the complaint succeeds. The complainant is entitled to a statutory lump sum redundancy payment.
Dated: 2 August 2018
Workplace Relations Commission Adjudication Officer: Niamh O'Carroll Kelly