ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00008080
Parties:
| Complainant | Respondent |
Anonymised Parties | A medical receptionist | A General Practitioner |
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-00010762-001 | 10/04/2017 |
Date of Adjudication Hearing: 08/11/2017
Workplace Relations Commission Adjudication Officer: Kevin Baneham
Procedure:
On the 10th April 2017, the complainant referred a complaint to the Workplace Relations Commission pursuant to the Redundancy Payments Act. The complaint was scheduled for adjudication on the 8th November 2017.
In accordance with section 39 of the Redundancy Payments Acts 1967 - 2014following the referral of the complaint to me by the Director General of the Workplace Relations Commission, 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 worked as a medical receptionist for the respondent GP surgery. Her employment came to an end on the 30th December 2016 and she seeks redress pursuant to the Redundancy Payments Acts. |
Summary of Complainant’s Case:
The complainant started working for the respondent on the 12th March 2007 and worked 20 hours per week. The role was that of medical receptionist. She was paid €340 gross per week. On the 30th December 2016, the complainant received a phone call from the respondent to say he was closing up the practice. The practice closed that day. The 28th December 2016 was her last day. She said that this had dragged on for so long and she would like it to be resolved. It was a stressful time for her and she felt that she was treated badly. She was not given any notice and was owed week’s pay and annual leave. |
Summary of Respondent’s Case:
The respondent outlined that he was not disputing that the complainant was made redundant. The issue was that he had no money. Once the adjudication report is issued, he will provide a letter from my accountant to say that he cannot pay the lump sum. The redundancy is due. There were circumstances that led up to the closure. He joined the practice in 2009 and became a partner in 2010. A partner then left and the practice lost the medical card contract. It then struggled financially and he tried to sell the practice. The practice had struggled on and should have shut down earlier. |
Findings and Conclusions:
The fact of the complainant’s employment coming to an end by reason of redundancy was not disputed. It follows the complainant is entitled to a redundancy lump sum payment pursuant to the Redundancy Payments Act. Her evidence was that her employment commenced on the 12th March 2007 and came to an end on the 30th December 2016. Her gross weekly pay was €340. |
Decision:
CA-00010762-001 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: 12th March 2007 Average weekly gross pay: €340 Date of end of employment: 30th December 2016
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: 14 February 2018
Workplace Relations Commission Adjudication Officer: Kevin Baneham
Key Words:
Redundancy Payments Act |