ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00010065
Parties:
| Complainant | Respondent |
Anonymised Parties | A Florist | A Florist’s |
Complaint:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00013154-001 | 16/08/2017 |
Date of Adjudication Hearing: 27/02/2018
Workplace Relations Commission Adjudication Officer: Enda Murphy
Procedure:
In accordance with Section 39 of the Redundancy Payments Acts 1967 - 2014following 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:
This complaint concerns a claim by the Complainant that she had not been paid her statutory redundancy payment when her employment with the Respondent was terminated by reason of redundancy. |
Summary of Complainant’s Case:
The Complainant was employed by the Respondent as a Florist from 16 June, 2014 until 19 September, 2016 when her employment was terminated. The Complainant adduced evidence that she worked an average of 38 hours per week and was paid a gross weekly wage of €400.00. The Complainant stated that the Respondent’s business ceased trading on 19 September, 2016 and that she was made redundant with effect from this date. The Complainant claims that she did not receive her statutory redundancy payment following the termination of her employment and that the Respondent has failed to respond to any messages, calls or any form of contact in relation to this matter. |
Summary of Respondent’s Case:
The proprietor of the Respondent’s business attended the hearing and confirmed that the Complainant’s claim was not being contested. The Respondent conceded that the Complainant’s employment was terminated by reason of redundancy when the business was forced to close as a result of financial difficulties on 19 September, 2016. The Respondent confirmed that the Complainant was not paid her statutory redundancy entitlements due to its inability to discharge this payment. |
Findings and Conclusions:
The Respondent did not contest the Complainant’s claim and conceded that she was entitled to a statutory redundancy payment as claimed following the termination of her employment by reason of redundancy. Based on the uncontested evidence of the Complainant, I find that the Complainant was employed on a continuous basis by the Respondent from 16 June, 2014 until 19 September, 2016 when her employment was terminated by reason of redundancy following the closure of the Respondent’s business. |
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 statutory redundancy lump sum under the Redundancy Payment Acts based on her continuous and reckonable service in accordance with the following criteria: - Date of commencement: 16 June, 2014 - Date of termination: 19 September, 2016 - Gross weekly wage: €400.00 This award is made subject to the complainant fulfilling current social welfare requirements in relation to PRSI contributions. |
Dated: 5th June 2018
Workplace Relations Commission Adjudication Officer: Enda Murphy
Key Words:
Redundancy Payments Acts – statutory redundancy entitlement – closure of business – uncontested claim |