ADJUDICATION OFFICER DECISIONS
Adjudication Reference: ADJ-00011986
Complaints:
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-00015866-001 | 17 November 2017 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00015866-002 | 17 November 2017 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00015866-003 | 17 November 2017 > |
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 6 of the European Communities (Protection of Employment) Regulations 2000 | CA-00015866-004 | 17 November 2017 |
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 6 of the European Communities (Protection of Employment) Regulations 2000 | CA-00015866-005 | 17 November 2017 |
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 6 of the European Communities (Protection of Employment) Regulations 2000 | CA-00015866-006 | 17 November 2017 |
Date of Adjudication Hearing: 25 January 2018
Workplace Relations Commission Adjudication Officer: Kevin Baneham
Procedure:
On the 17th November 2017, the complainant referred complaints to the Workplace Relations Commission pursuant to the Redundancy Payments Act and the European Communities (Protection of Employment) Regulations. The complaints were scheduled for adjudication on the 25th January 2018.
The complainant attended the adjudication. Two directors attended for the respondent, which was represented by the Licensed Vintners Association.
In accordance with section 41 of the Workplace Relations Act, 2015 and section 39 of the Redundancy Payments Acts 1967 - 2014 following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
Background:
The complaint advanced at the adjudication is that the complainant seeks payment to her of her redundancy lump sum entitlement, a claim not contested by the respondent. |
Summary of Complainant’s Case:
The complainant outlined that on the 28th August 2017, staff were informed at a meeting that the public house would close. They were told that they would get six weeks’ money and would get their redundancy later. The complainant confirmed that she started working for the respondent on 7th May 2004. Her gross weekly pay was €289. In respect of the other complaints, the complainant stated that she just wanted her redundancy and this was her only complaint. |
Summary of Respondent’s Case:
The respondent outlined that, unfortunately, the business had to shut immediately. A longstanding company director fell ill, causing the business to close. The respondent paid all notice pay and provided staff with a letter explaining the circumstances of the closure as well as an employment pack with CV advice etc. It confirmed that everyone was paid all monies due except for redundancy. The business was insolvent and had been supported by cash from the owners.
The respondent confirmed that the required application had since gone to the Social Insurance Fund. The Department has had the claim since December and it generally takes 6 to 8 weeks to process. |
Findings and Conclusions:
The complainant raised six complaints regarding her redundancy entitlements. The one complaint advanced at the adjudication was the complainant’s entitlement to a redundancy lump sum payment, a claim the respondent did not dispute.
The complainant commenced employment on the 7th May 2004 and she was paid €289 a week. Her employment ended when the public house closed. Including her notice period, the complainant’s employment came to an end on the 8th October 2017. The other claims were not pursued at the adjudication and I deem them to be not well founded. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.
Section 39 of the Redundancy Payments Acts 1967 – 2014 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.
CA-00015866-001 I decide that, pursuant to the Redundancy Payment Acts 1967 - 2014, the complainant is entitled to a redundancy lump sum calculated according to the following criteria: Date of start of employment: 7th May 2004 Date of end of employment: 8th October 2017 Average weekly gross pay: €289
This award is made subject to the complainant having been in insurable employment under the Social Welfare Acts during the respective period of employment.
CA-00015866-002 I decide that the complaint made pursuant to the Redundancy Payments Act is not well founded.
CA-00015866-003 I decide that the complaint made pursuant to the Redundancy Payments Act is not well founded.
CA-00015866-004 I decide that the complaint made pursuant to the European Communities (Protection of Employment) Regulations is not well founded.
CA-00015866-005 I decide that the complaint made pursuant to the European Communities (Protection of Employment) Regulations is not well founded.
CA-00015866-006 I decide that the complaint made pursuant to the European Communities (Protection of Employment) Regulations is not well founded.
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Dated: 06/06/2018
Workplace Relations Commission Adjudication Officer: Kevin Baneham
Key Words:
Redundancy Payments Act |