ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00006902
Parties:
| Complainant | Respondent |
Anonymised Parties | A complainant | A respondent |
Representatives | In Person | In Person |
Complaint(s):
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-00009445-001 | 27/01/2017 |
Date of Adjudication Hearing: 13/09/2017
Workplace Relations Commission Adjudication Officer:Michael Hayes
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 [and/or Section 39 of the Redundancy Payments Acts 1967 - 2014 following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
Background:
The complainant was employed as a kitchen porter from 28th of August 2013 until the 31st of December 2016 (per complainant) or 22nd of December 2016 (per respondent). She was paid €206.46 per week. The parties made oral submission to the hearing. |
Summary of Complainant’s Case:
The complainant submits that she was made redundant without notice on the 31st of December 2016. The respondent refused to sign an RP50 or RP77. |
Summary of Respondent’s Case:
The respondent submits that the employment was not continuous as the business closed for a two-month period in February and March of each year. |
Findings and Conclusions:
The complainant’s submission in respect of the end date is preferred in the absence of specific record and the fact that entitlement to statutory minimum notice was not paid. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
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.
The complaint is well founded. The complainant is entitled to payment of statutory redundancy in the circumstances she described having regard to her social welfare record. |
Dated: 10th July, 2018
Workplace Relations Commission Adjudication Officer:Michael Hayes