ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00015985
| Complainant | Respondent |
Anonymised Parties | A shop assistant | A shop |
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-00020758-001 | 24/07/2018 |
Date of Adjudication Hearing: 08/11/2018
Workplace Relations Commission Adjudication Officer: Kevin Baneham
Procedure:
On the 24th July 2018, the complainant submitted a complaint pursuant to the Redundancy Payments Act. The complaint was scheduled for adjudication on the 8th November 2018.
At the time the adjudication was scheduled to commence, it was apparent that there was no attendance by or on behalf of the respondent. I verified that the respondent was on notice of the time, date and venue of the adjudication and having been satisfied of this, 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.
Summary of Complainant’s Case:
The complainant outlined that her employment commenced on the 29th June 2015 and she was laid off on the 7th August 2017. She worked as a shop assistant and the shop closed following a fire. The respondent promised that the complainant could start working again when new premises was found. This was meant to happen in August 2017. When this did not happen, the complainant sent the respondent the RP9 on the 9th October 2017, but there was no response. The respondent had said they would pay the redundancy lump sum, but this did not happen. The complainant stated that her weekly pay was €437. Her employment ended on the 18th October 2017. |
Summary of Respondent’s Case:
There was no appearance by or on behalf of the respondent and it did not oppose the complaint. |
Findings and Conclusions:
Having regard to the complainant’s evidence, I find that the complainant was made redundant following the closure of the respondent business. Pursuant to the Redundancy Payments Acts, the complainant is entitled to a redundancy lump sum payment on the following criteria. Date start of employment: 29th June 2015 Average weekly gross wage: €437 Date of lay-off: 7th August 2017 Date end of employment: 18th October 2017 |
Decision:
Section 39 of the Redundancy Payments Acts 1967 – 2014 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: 29th June 2015 Average weekly gross wage: €437 Date of lay-off: 7th August 2017 Date of end of employment: 18th October 2017
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: 12th December 2018
Workplace Relations Commission Adjudication Officer: Kevin Baneham
Key Words:
Redundancy Payments Act |