ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00007857
Parties:
| Complainant | Respondent |
Anonymised Parties | A Blind Maker | A Blinds company |
Representatives | A Citizens Information Centre Representative | Not present |
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-00010355-001 | 22/03/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 41 of the Workplace Relations Act 2015 | CA-00010355-002 | 22/03/2017 |
Date of Adjudication Hearing: 12/09/2017 and 23/8/2018
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 39 of the Redundancy Payments Acts 1967 - 2014following 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).
Background:
The Complainant submitted a clam for a redundancy payment and her entitlement to notice pay. |
Summary of Complainant’s Case:
The Complainant was employed from April 24th 2011 to February 6th 2017 as a Blind Maker. The owner closed the business where the Complainant was employed and did not pay her redundancy or notice. The Complainant was paid 80 Euros per week for a I day per week work. The Complainant was unsure of the exact name of the Company and applied for a change of name under Section 39 of the Organisation of Working Time Act for a change of name to MS Design Blinds Limited. This was granted by the Adjudicator. |
Summary of Respondent’s Case:
The Respondent was not present at the Hearing. |
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 of the Complainant I award her the following (CA-00010355-001);
I find that the Complainants employment was terminated suddenly and without notice and based on the evidence provided, which was uncontested, the operation of the business had ceased where she operated and the Complainants employment terminated due to redundancy. Under Section 7.1 of the Redundancy Payments Act 1967 the Complainant is entitled to redundancy providing she was a Contributor under the Social Welfare Acts 1952 to 196 prior to her termination of employment and subject to her employment meetings these requirements and having been insurable under the Social Welfare Acts, I find her appeal under the Redundancy Payments Acts 1967 to 2007 succeed and I award the Complainant a redundancy lump sum of two weeks pay per year of service (or part year) based on the following;
Date of Commencement; April 4th 2011
Date of Termination; February 2nd 2017
Rate of pay Gross per week 80 Euros.
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
Based on the uncontested evidence of the Complainant I award her the following; (CA-00010355-002), as the Complainant had 5 years and 9 months service on the date of her termination, January 31st 2017, under Section 4.2.C of the Minimum Notice and Terms of Employment Act 1993 she was entitled to four weeks notice pay on termination of her employment amounting to 320 Euros. I award the Complainant 320 Euros in lieu of non payment of notice under the Act.
Dated: 1st November 2018
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Key Words:
Redundancy |