ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00007261
Parties:
| Complainant | Respondent |
Anonymised Parties | Shop Assistant | Supermarket |
Complaint:
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-00009727-001 | 15/02/2017 |
Date of Adjudication Hearing: 21/02/2018
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 from 5th October 2003 until the employment terminated when the Store closed in July 2016. The Complainant’s employment was terminated on 6th July 2016. The Complainant worked 4 hours a week and she was paid €39.58 per week. The Complainant referred a complaint to the Workplace Relations Commission on 15th February 2017 claiming she had not been paid her redundancy entitlements in accordance with the Act |
Summary of Complainant’s Case:
The Complainant stated that Form RP 50 had been given to the Complainant by the Respondent. This Form was signed by a named Respondent on 8th July 2016. The Complainant signed the Form RP50 on 15th August 2016 and the Department of Social Protection date stamped it as received on 23rd August 2016. The Complainant has not been paid her entitlements. |
Summary of Respondent’s Case:
The Respondent did not attend the scheduled Hearing on 21st February 2018. |
Findings and Conclusions:
On the basis of the evidence and on the uncontested evidence of the Complainant I find that the Complainant is entitled to be paid her redundancy entitlements. |
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 Act And on the uncontested evidence of the Complainant I declare this complaint is well founded. I direct the Respondent to pay the Complainant her redundancy entitlements in accordance with the provisions of the Act. This to be paid within 42 days of the date of this Decision. |
Dated: 12 July 2018
Workplace Relations Commission Adjudication Officer: Rosaleen Glackin