ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00014507
Parties:
| Complainant | Respondent |
Anonymised Parties | Office Worker | A Fuel Provider |
Representatives |
|
|
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-00018855-001 | 02/05/2018 |
Date of Adjudication Hearing: 27/11/2018
Workplace Relations Commission Adjudication Officer: James Kelly
Procedure:
On 2 May 2018, the complainant referred a complaint to the Workplace Relations Commission pursuant to the Redundancy Payments Act. The complaint was scheduled for adjudication on 27 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 21 July 2008. She was working in accounts for nearly 9 years at the respondent’s premises, which could be described as a shop and fuel supply business. The complainant’s employment came to an end on 25 May 2017, and she was on notice of termination since 30 April 2017. The respondent continued to operate for a time with a reduced staff complement, three other staff were made redundant at the same time as the complainant. The complainant said the respondent told her that her redundancy would be paid but it never was. The complainant’s gross weekly pay was €486.00 per week. |
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 21 July 2008 and she was paid €486 gross per week. She worked in the accounts part of the business. The complainant’s evidence was that the respondent let four people go at the time and the owner continued with the business on a smaller scale. I find that the complainant’s employment ended by way of redundancy on 25 May 2017. |
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: 21 July 2008 Date of end of employment: 25 May 2017 Average weekly gross pay: €486
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: 11th December 2018
Workplace Relations Commission Adjudication Officer: James Kelly
Key Words:
Redundancy Payment Act - redundancy lump sum – well founded. |