ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00012780

Complaint:

Date of Adjudication Hearing: 21st March 2018

Workplace Relations Commission Adjudication Officer: Sean Reilly

Procedure:

In accordance with Section 80 of the Workplace Relations Act 2015, Section 39 of the Redundancy Payments Act 1967 and 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 submitting that she had not been paid her statutory redundancy payments when her employment was terminated by the Respondent by way of redundancy.

Preliminary Issue:                                                                                                                                   A preliminary issue arose in relation to the normal relevant period for the presentation of complaints in accordance with the provisions of Section 24 of the Redundancy Payments Acts 1967.

The Complainant’s employment with the Respondent terminated on 17th June 2016 and she presented her complaint to the WRC on 10th January 2018, this is outside the normal 52 week period as laid down in Section 24 of the Redundancy Payments Act for the presentation.   However, the Complainant made submissions that there was, in accordance with the same Section of the Act, evidence that the failure to present the complaint within that period was due to reasonable cause that justified extending that period by a further 52 weeks and entitled her to have her complaint under the Act heard.

The Complainant said that the Respondent ceased trading, with the loss of all jobs on 17th June 2016.   The Complainant said that the Respondent informed her that they had submitted the relevant documentation to the Department of Social Protection within the specified time limits, but that it had been mislaid.   The Complainant said she was then requested to sign a further RP50 and it transpired that her claim had not been processed.   She said that she then, on 18th December 2017, received a letter from the Redundancy Payments Section of the Department of Social Protection that the claim for redundancy was received on 12th October 2017, was outside the normal 52 week period for the submission of claim and advising her that she could submit a complaint to the WRC (including a request for an extension of the normal 52 weeks for presentation of claims/complaints).   The Complainant submitted that the foregoing constituted reasonable cause that caused her not to refer the complaint within the normal 52 week period and that justified extending that period in accordance with the provisions of Section 24 of the Act.

Summary of Complainant’s Case:

The Complainant was submitting that she had not been paid her statutory redundancy payment by the Respondent when her employment was terminated by the Respondent by way of redundancy.

The Complainant said that she was employed by the Respondent from 1st September 2004 to 17th June 2016 and that her normal weekly rate of pay was €240.00c.

The Complainant said that her employment was terminated by reason and way of redundancy on 17th June 2016, when the Respondent business ceased trading and closed down with the loss of all jobs.   The Complainant submitted that what occurred was plainly a redundancy as defined by the Redundancy Payments Act.   The Complainant said however she was not paid her statutory redundancy payments.

The Complainant confirmed that there was no break in her continuity of employment in the period from 1st September 2004 to 17th June 2016.

The Complainant sought a favourable decision that she was entitled to her statutory redundancy payment.

Summary of Respondent’s Case:

The Respondent was not present or represented at the Hearing and they sent no submissions.

Findings and Decision:

Section 80 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.

Section 39 of the Redundancy Payments Act 1967 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.

The Respondent was not present or represented at the Hearing and sent no submissions, accordingly I only have the evidence and submissions of the Complainant to rely upon in this matter.

Preliminary Issue:                                                                                                                                         . I have carefully considered the evidence and the submissions made and I have concluded as follows in relation to the preliminary issue.

Based on the uncontested evidence of the Complainant I am satisfied that, in accordance with the provisions of Section 24 of the Redundancy Payments Act 1967 (as amended), the failure of the Complainant to present her complaint within the normal 52-week period was due to reasonable cause that justifies extending that period to 104 weeks.   Accordingly, the Complainant is entitled to have her complaint under the Redundancy Payments Act 1967 heard and adjudicated on.

Substantive Issue:                                                                                                                                     .                                                                                                                                         I have carefully considered the evidence and the submissions made and I have concluded as follows in relation to the substantive issue under the Redundancy Payments Act 1967.  

Based on the uncontested evidence of the Complainant the following facts were established at the Hearing:

• The Complainant was employed by the Respondent from 1st September 2004 to 17th June 2016 on a period of unbroken service, on that date her employment was terminated by reason of redundancy when the Respondent Company ceased trading with the loss of all jobs. 
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• The Complainant’s normal weekly rate of pay was €240.00c.
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• The Complainant submitted her complaint to the WRC on 10th January 2018.

Based on the foregoing, I find and declare that the complaint under Section 39 of the Redundancy Payments Act 1967 is well founded and it is upheld.   I require the Respondent to pay the Complainant her statutory redundancy payment based on her normal weekly wage of €240.00c and her continuous unbroken service from 1st September 2004 to 17th June 2016.

Dated: 12.06.2018

Workplace Relations Commission Adjudication Officer: Seán Reilly

Key Words: Redundancy.