ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00007530

Parties:

	Complainant	Respondent
Anonymised Parties	A childcare worker	A crèche limited company

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-00010201-001	13/03/2017

Date of Adjudication Hearing: 14/07/2017

Workplace Relations Commission Adjudication Officer: Kevin Baneham

Procedure:

On the 13th March 2017, the complainant referred a complaint to the Workplace Relations Commission pursuant to the Redundancy Payments Act. It was scheduled for adjudication on the 14th July 2017. The complainant attended the hearing, accompanied by a family member. The respondent limited company was represented by a company director.

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.

Summary of Complainant’s Case:

The complainant outlined that she commenced employment with the respondent on the 7th January 2013. She was aware that the business was in trouble and it was supposed to be taken over by a named party. Instead, the crèche closed. She received notice of the closure on the 17th August 2016 and it closed on the 1st September 2016. Her rate of pay was €360 gross per week for a 40-hour week.

Summary of Respondent’s Case:

The company director attended for the respondent limited company. He said that the company had been trading at a loss and the decision was made to end the business. The complainant had been notified of the closure of the business and it ceased on the 1st September 2016. He did not challenge the complainant’s entitlement to a redundancy lump sum payment.

Findings and Conclusions:

I find that the complainant’s employment with the respondent ceased on the closure of the business on the 1st September 2016. She is entitled to a redundancy lump sum payment according to the following criteria:

Date of commencement of employment: 7th January 2013

Date of notice of termination of employment: 17th August 2016

Date of end of employment: 1st September 2016

Weekly gross pay: €360 per week

Decision:

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-00010201-001

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 commencement of employment: 7th January 2013

Date of notice of termination of employment: 17th August 2016

Date of end of employment: 1st September 2016

Weekly gross pay: €360 per week

This award is made subject to the complainant having been in insurable employment under the Social Welfare Acts during the respective period of employment.

Dated: 16.1.18

Workplace Relations Commission Adjudication Officer: Kevin Baneham

Key Words:

Redundancy Payments Act