ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00012890
Parties:
| Complainant | Respondent |
Anonymised Parties | A Shop Assistant | A Dry Cleaning Service Provider |
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-00017318-001 | 07/02/2018 |
Date of Adjudication Hearing: 10/04/2018
Workplace Relations Commission Adjudication Officer: Roger McGrath
Procedure:
In accordance with Section 39 of the Redundancy Payments Acts 1967 - 2014following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
Background:
The Complainant commenced employment with the Respondent on 6 April 1997. Her employment with the Respondent ended on 19th February 2017. The Complainant believes the company has ceased trading.
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Summary of Complainant’s Case:
On 17th February 2017, the Complainant was informed by text message that the business she was working in had ceased trading. She did not receive a P45.
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Summary of Respondent’s Case:
The Respondent did not attend the hearing. A copy letter of notification of the hearing date addressed to the Respondent was on file.
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Findings and Conclusions:
On the uncontested evidence of the Complainant I find that she was made redundant. |
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.
Accordingly, the claim under the Redundancy Payments Acts 1967 to 2007 is allowed and the Complainant is awarded a statutory lump sum under those Acts, and based on the following: Date of Commencement; 6th April 1997 Date of Termination; 19th February 2017 Gross weekly pay; €214.73 The award is made subject to the complainant having been in insurable employment under the Social Welfare Acts during the relevant period.
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Dated: 20th August 2018.
Workplace Relations Commission Adjudication Officer: Roger McGrath
Key Words:
Redundancy, |