ADJUDICATION OFFICER DECISIONS
Adjudication Reference: ADJ-00016811
Parties:
| Complainant | Respondent |
Anonymised Parties | A tutor | A training and education centre |
Complaints:
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-00021756-001 | 11/09/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00021757-001 | 11/09/2018 |
Date of Adjudication Hearing: 02/11/2018
Workplace Relations Commission Adjudication Officer: Kevin Baneham
Procedure:
On the 11th September 2018, the complainant referred complaints to the Workplace Relations Commission. The complaints were scheduled for adjudication on the 2nd November 2018. The complainant and the respondent chairperson attended the adjudication.
In accordance with section39 of the Redundancy Payments Acts 1967 - 2014following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
Summary of Complainant’s Case:
The complainant started working for the respondent on the 5th September 2011. She was as a part-time tutor and worked 14 hours per week. She was paid €290 a week gross. On the 5th August 2018, she received a phone call from the new manager to say that there was no money to pay the wages. Staff had not been paid before taking annual leave. They were later paid for five weeks and attended a meeting on the 17th August when they were told that the respondent would close. Staff were handed a letter of notice and told that they would be paid until the first week of September. The former manager had falsified accounts and not put them through the auditor. The end date of her employment was the 7th September 2018. |
Summary of Respondent’s Case:
The respondent chairperson outlined that they were trying to get the affairs of the respondent resolved prior to the liquidation. The new manager did a health check on the company and identified issues. The respondent held an EGM and a board meeting, where they decided to close the respondent. They had monies to pay three weeks’ wages. The new manager was not paid for her involvement. The P45s were issued on the 6th September 2018. There was no money to help re-train staff. |
Findings and Conclusions:
CA-00021756-001 This is a complaint pursuant to the Redundancy Payments Act. This arises following the sudden closure of the respondent following a new manager identifying serious financial issues in the respondent that were previously undisclosed. This obviously caused alarm and distress to staff, including the complainant, and was very challenging to those such as the chairperson tasked with closing the company in an orderly way.
It is clear that the complainant was made redundant within the ambit of the Redundancy Payments Act and is entitled to the statutory lump sum on the following criteria: Date of start of employment: 5th September 2011 Average weekly gross pay: €290 Date of end of employment: 7th September 2018
CA-00021757-001 This is a duplicate complaint and I formally find it not well founded as I have made the award pursuant to CA-00021756-001. |
Decisions:
Section 39 of the Redundancy Payments Acts 1967 – 2014 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under that Act.
CA-00021756-001 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: 5th September 2011 Average weekly gross pay: €290 Date of end of employment: 7th September 2018
This award is made subject to the complainant having been in insurable employment under the Social Welfare Acts during the respective period of employment.
CA-00021757-001 This is a duplicate complaint and I formally find it not well founded as I have made the award pursuant to CA-00021756-001. |
Dated: 14th December 2018
Workplace Relations Commission Adjudication Officer: Kevin Baneham
Key Words:
Redundancy Payments Act |