ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00008153
Parties:
Anonymised Parties | Employee | DBO Environmental Solutions Ltd (Environmental) |
Representatives | Mary Watters Meath CIS (Representative) | DBO Environmental Solutions Ltd (in liquidation) Liquidator: Aidan Garcia> Diaz; Collins Garcia – 4 Waterloo Road, Dublin 4. |
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-00010809-001 | 12/04/2017 |
Date of Adjudication Hearing: 21/09/2017
Workplace Relations Commission Adjudication Officer: John Walsh
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:
The Complainant stated that she was employed by the Respondent from the 27th November 2012 to 13th February 2017. That she was paid a salary of €765.00 per week. In December 2014, she went on maternity leave and returned to work in May 2015. That she was placed on short-time working in August 2016. She alleges that she has not been paid her statutory redundancy entitlements by the Respondent. She filed a complaint with the WRC under the Redundancy Payment Acts on 12th April 2017. |
Summary of Complainant’s Case:
The Complainant is alleging that she has not been paid her statutory redundancy payment by the Respondent. That her employment was terminated on the 13th February 2017. That she was placed on short-time working as defined under the 1967 Act by the Respondent consecutively from August 2016. That she sent a RP9 by registered post on the 13th February 2017 to the Respondent and she received no reply. She also sent a RP50 by registered post on the 2nd March 2017 and she received no reply. She confirmed that there was no break in her continuity of service in the period from the 27th November 2012 to the 13th February 2017. |
Summary of Respondent’s Case:
The Respondent did not attend the hearing and was not represented at the hearing and no written submissions were provided. |
Findings and Conclusions:
Based on the uncontested evidence presented at the hearing I find the following facts were established at the hearing: The Complainant was employed by the Respondent on a period of unbroken continuous service from the 27th November 2012 to the 13th February 2017. The Complainant’s normal weekly rate of pay was €765.00 gross. The Complainant wrote to the Respondent by registered post on the 13th February 2017 seeking her statutory redundancy by reason of short-time working and layoff. The Complainant received no response from the Respondent to form RP9. The Complainant then sent the RP50 form to the Respondent on the 2nd March 2017. She received no reply to the RP50 form. |
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.
Based on the uncontested evidence presented at the hearing, I find and declare that the complaint taken under Section 39 of the Redundancy Payments Acts 1967 – 2012 is well-founded. I order the Respondent to pay to the Complainant her statutory redundancy payment based on the weekly wage of €600 per week and her continuous unbroken service from the 27th November 2012 to 13th February 2017.
Dated: 25th June 2018
Workplace Relations Commission Adjudication Officer: John Walsh
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