ADJ-00008766

ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00008766

Parties:

Complaint(s):

Workplace Relations Commission Adjudication Officer: Gerry Rooney

Date of Adjudication Hearing: 26/10/2017

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 39 of the Redundancy Payments Acts 1967 – 2014, following 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.

Background:

The Complainant was employed as a waitress with the Respondent and submitted that following her termination of employment due to redundancy she did not receive redundancy payments.

The Complainant worked a 20-hour week and was paid €200 gross per week.

Summary of Complainant’s Case:

Complaints CA-00011625-001, CA-00011625-002

The Complainant started her employment on 11^th June 2012. She submitted an unsigned contract of employment confirming that was the date of commencement of her employment. She advised that on 13^th June 2016 she was provided with notice by the Respondent of her termination which was to take place on 31 July 2016 and where she was advised the Respondent would cease trading on that date.

The Complainant submitted that she applied for redundancy payment using form RP 77 on 17^th August 2016 but she received no response from the Respondent until sometime in November 2016 and where he advised her over the phone that he was unable to pay. She therefore submitted an RP50 form and she received no further correspondence from the Respondent. As she was concerned that she was not going to receive a redundancy payment she submitted her complaint on 22^nd May 2017 which is within the time limits for making a complaint to the WRC.

Summary of Respondent’s Case:

The Respondent did not attend the hearing nor did the Respondent make any submission in response to the complaint.

Findings and Conclusions:

Complaints CA-00011625-001, CA-00011625-002

Based on the submission made, I find that the Complainant was in continuous service from 11^th June 2012 until her job was terminated on 31^st July 2016 as the Respondent had ceased trading.

S7(2)(a) of the Act states an employee who is dismissed shall be taken to be dismissed by reason of redundancy if for one or more reasons not related to the employee concernedthe dismissal is attributable wholly or mainly to— the fact that his employer has ceased, or intends to cease, to carry on the business for the purposes of which the employee was employed by him, or has ceased or intends to cease, to carry on that business in the place where the employee was so employed.

I therefore find that the Complainant was dismissed due to a redundancy.

Decision:

Complaints CA-00011625-001, CA-00011625-002

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 have found the Complainant was made redundant.

The Complainant’s start date was 11^th June 2012 and she was made redundant on 31^st July 2016, this being the date of the termination of her employment. She has 4.14 years’ service with the Respondent. The Complainant rate of pay was €200 gross per week.

I hereby decide the Respondent is obliged to pay the Complainant entitlement of 9.28 weeks’ pay.

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."

This decision is based on uncontested evidence as the Respondent did not attend the hearing or make a submission to the Adjudication.

Dated:   25 January 2018

Workplace Relations Commission Adjudication Officer: Gerry Rooney

Key Words: