Complainant

Respondent

Anonymised Parties

Office Assistant

Restaurant

Act

Complaint/Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967

CA-00014802-001

05/10/2017

The Complainant was employed as an Office Assistant from 16TH April 2005 to 12th January 2016. She worked 10.5 Hours per week and was paid €91.50 per week. She has claimed that she did not receive statutory redundancy payment.

Request to extend the time limit

The Complainant stated that she was notified by her former employer that the business was in liquidation on 15th January 2016. She received notification from the Liquidator that the business was in liquidation with effect from 12th January 2016. The Liquidator advised her that any outstanding wages and her statutory redundancy would be processed. She received outstanding wages but did not get statutory redundancy. She was not given a RP50 either. She wrote to the Liquidator but received no response from them. Her colleagues received redundancy but she didn’t. She continued to write to the Liquidator protesting over their failure to process the redundancy payments. It was not until 12th April 2017 that she received forms RP50 and IP1. She signed them and sent them back. She later received confirmation from the Department that her claim was outside the 12 months’ time limit. She has sought an extension to the time limit.

Decision on request to extend the time limit.

I have considered the evidence before this hearing. I am satisfied that the Complainant made a concerted effort for a considerable period of time to receive her statutory redundancy as others had received it. I’m satisfied that she has established cause to extend the time limit by one year.

The complaint was received by the WRC on 5th October 2017 therefore the period that may be investigated is back to 6th October 2015. This period now incorporates the date of redundancy on 12th January 2016.

The Liquidator was not in attendance or represented at the hearing.

I find that a genuine redundancy has occurred.

I find that the Complainant is entitled to statutory redundancy.

I find that the start date was 16th April 2005.

I find that the termination date was 12th January 2016.

I find that the gross Pay was €91.50 per week.  

Any award under the Redundancy Payments Act is subject to the Complainant having been in insurable employment for the relevant period under the Social Welfare Acts.

Redundancy payment