ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00006497
Parties:
| Complainant | Respondent |
Anonymised Parties | A Mushroom Factory Worker | The Owner of a Mushroom Factory |
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-00008776-001 | 14/12/2016 |
Date of Adjudication Hearing: 03/04/2018
Workplace Relations Commission Adjudication Officer: Emile Daly
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and/or Section 39 of the Redundancy Payments Acts 1967 - 2014 following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
Summary of Complainant’s Case:
I worked for the Respondent for 4 years and when the business closed down I did not receive a redundancy payment |
Summary of Respondent’s Case:
I accept that the Complainant is entitled to a redundancy payment I just do not accept the calculation based on the dates that she has supplied |
Findings and Conclusions:
The Revenue Commissioners have confirmed start and end dates with accord with the Complainant’s claim and these dates are relied upon for the purpose of this decision |
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.
The Complaint is well founded and the Complainant is entitled to receive a redundancy lump sum in respect of her years of insurable employment with the Respondent. The redundancy lump sum is based on the following: Date of Birth: 21 December 1963 Date of Commencement: 28 August 2011 Date of Termination: 18 December 2015 Gross Weekly Pay: €195.78 |
Dated: 25 May 2018
Workplace Relations Commission Adjudication Officer: Emile Daly
Key Words:
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