ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00009964

ComplainantRespondentAnonymised PartiesChildcare WorkerCreche   

Complaint:

ActComplaint/Dispute Reference No.Date of Receipt Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 CA-00012986-001 05/08/2017  

Date of Adjudication Hearing: 08/11/2017

Workplace Relations Commission Adjudication Officer: Rosaleen Glackin

Procedure:

In accordance with Section 39 of the Redundancy Payments Acts 1967 - 2014and 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.  

Background:

The Complainant was employed as a Childcare Worker in a Creche from 18th October 2011 until the employment terminated by reason of redundancy on 31st August 2016. The Complainant was paid €366.00 gross per week and she worked 40 hours a week. The Complainant referred a complaint to the Workplace Relations Commission on 5th August 2017 in relation to her statutory redundancy entitlements.

Summary of Complainant’s Case:

The Complainant stated her employment with the named Creche ended on 31st August 2016. She was not provided with any evidence from the Employer of their inability to pay redundancy, no RP 50 was provided to her. She submitted a RP77 Form to the Employer but there was no response. The Complainant sent an email dated 3rd August 2017 and again on 10th August 2017 to her former Employer seeking a letter confirming their inability to pay and to complete the RP 50 Form but there was no response bar an acknowledgement stating the Accountant would be requested to provide the necessary information but this was not done.  

Summary of Respondent’s Case:

The Respondent did not attend the scheduled Hearing  

Findings and Conclusions:

On the basis of the evidence and on the uncontested evidence of the Complainant I find the Complainant is entitled to payment of her statutory Redundancy Payments.

Decision:

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.   In accordance with Section 39 of the Redundancy Payments Act 1967 – 2012 I declare the complaint is well founded. I direct the Respondent to pay the Complainant her statutory redundancy entitlements in accordance with the provisions of the Redundancy Payments Act, 1967 – 2012 within 42 days of the date of this Decision.

 Dated:   19.01.2018

Workplace Relations Commission Adjudication Officer: Rosaleen Glackin

Key Words: Redundancy – entitled to statutory redundancy