ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00014128
Parties:
| Complainant | Respondent |
Anonymised Parties | A Shop Assistant | A Retailer |
Complaint:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00018565-001 | 17/04/2018 |
Date of Adjudication Hearing: 23/11/2018
Workplace Relations Commission Adjudication Officer: James Kelly
Procedure:
On 17 April 2018, the complainant referred a complaint to the Workplace Relations Commission pursuant to the Redundancy Payments Act. The complaint was scheduled for adjudication on 23 November 2018.
At the time the adjudication was scheduled to commence, it became apparent that there was no appearance by or on behalf of the respondent. I verified that the respondent was on notice of the time, date and venue of the adjudication. I waited some time to accommodate its late arrival. Having taken these steps, I proceeded with the adjudication in the absence of the respondent.
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 seeks her redundancy lump sum entitlement following the termination of her employment. |
Summary of Complainant’s Case:
The complainant outlined that her employment commenced on 4 August 2008. She was working as a Sales Assistant at the respondent’s premises a retail shop. The complainant went out on sick leave in December 2014 and when she attempted to return to work on 10 January 2018, the respondent said that the shop had closed and that there was no other shop in the locality. The nearest shop was the other side of the country 150 plus kilometres away and the employer said that it was not feasible to employ the complainant there and agreed to pay her redundancy. The employment came to an end on 16 January 2018. The complainant said that the respondent agreed to pay her redundancy but has only paid part of what is owed. The complainant’s gross weekly pay is calculated at €241.5 based on the following calculation- she worked 23 hours per week @ €10.50 per hour. |
Summary of Respondent’s Case:
There was no appearance by or on behalf of the respondent. |
Findings and Conclusions:
The complainant’s employment commenced on 4 August 2008 and she was paid €241.5 gross per week. She worked as a Sales Assistant. The complainant’s evidence was that she attempted to return to work, but her place of employment had closed, and the next nearest premises was a substantial distance away from where she lived. The respondent determined that this was a genuine redundancy situation. I find that the complainant’s employment ended by way of redundancy on 16 January 2018. The complainant referred to a period of sick leave taken from 1 December 2014 to 10 January 2017. Schedule 3, Regulation 8 of the Redundancy Payments Act provides that any absence due to sickness of less than 26 weeks is reckonable service for the purposes of calculating a redundancy lump sum entitlement. It follows that this rule applies when the complainant is not entitled to include the entire period of the 1 December 2014 to 10 January 2018 as reckonable service save the 26-week period. |
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 decide that, pursuant to the Redundancy Payment Acts 1967 - 2014, the complainant is entitled to a redundancy lump sum calculated according to the following criteria: Date of start of employment: 4 August 2008 Date of end of employment: 16 January 2018 Sick leave: 1 December 2014 and 10 January 2017. Average weekly gross pay: €241.50 This award is made subject to the complainant having been in insurable employment under the Social Welfare Acts during the respective period of employment. |
Dated: December 4th 2018
Workplace Relations Commission Adjudication Officer: James Kelly
Key Words:
Redundancy Payment Act - redundancy lump sum – well founded. |