ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00010652
Parties:
| Complainant | Respondent |
Anonymised Parties | Shop Assistant | Polish Grocery Store |
Representatives | None | No attendance |
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-00014125-001 | 21/09/2017 |
Date of Adjudication Hearing: 17/05/2018
Workplace Relations Commission Adjudication Officer: Marguerite Buckley
Procedure:
In accordance with Section 39 of the Redundancy Payments Acts 1967 - 2014 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 a shop assistant in a shop selling Polish products.
She started working with the Respondent on the 1st of July 2010.
She produced payslips up to 2013 and P60’s to 2016 at the hearing. She also produced one fixed term contract for 2011. |
Summary of Complainant’s Case:
The Complainant’s evidence was that on the 17th of January 2017 the mother of the owner of the Respondent company telephoned her and told her she was not needed any more in the shop.
This lady took over her role in the shop and gradually closed it down over the following weeks by selling off the stock.
The Complainant spoke with the Respondent company owner and sought her redundancy payment, but this was not forthcoming. She did not receive any confirmation of the termination of her employment in writing nor a P45.
She wrote to the Respondent by registered post on the 20th of March 2017 but did not receive a reply. |
Summary of Respondent’s Case:
There was no attendance for the Respondent. |
Findings and Conclusions:
Having heard the uncontroverted evidence of the Complainant, I am satisfied that her employment ended on the 17th of January 2017.
The shop in which she worked ultimately closed down in the following weeks. |
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.
I find that the complainant is entitled to a redundancy payment based on the following details:
Start date of the 1st of July 2010. End date of the 17th of January 2017 Gross wage of €175.00 per week |
Dated: 31/07/18
Workplace Relations Commission Adjudication Officer: Marguerite Buckley
Key Words:
Redundancy payment. Shop closed |