ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00016189

Parties:

	Complainant	Respondent
Anonymised Parties	A Hairdresser	A Hair salon

Complaint(s):

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997	CA-00020987-001	03/08/2018
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967	CA-00020987-002	03/08/2018

Date of Adjudication Hearing: 04/10/2018

Workplace Relations Commission Adjudication Officer: Penelope McGrath BL

Procedure:

Pursuant to Section 39 of the Redundancy Payment Act of 1967 (as amended) it is directed that the manner of hearing prescribed in Section 41 of the Workplace Relations Act of 2015 shall apply to any question, dispute, complaint or appeal referred to the Director General under the Redundancy Payments Acts of 1967 – 2014.

In accordance with Section 41(4) of the Workplace Relations Act, 2015 a complaint under Section 27 of the Organisation of Working Time Act 1997 has been referred to the Adjudicator Services by the Director General of the Workplace Relations Commission and in particular it has been referred so that this matter can be inquired into and the parties be given an opportunity to be heard and to present evidence relevant to the complaint.

Pursuant to Section 27 of the Organisation of Working Time Act 1997 (as amended), a decision of an adjudication officer under Section 41 of the Workplace Relations Act shall do one or more of the following:

Declare the complaint was or was not well founded;
Require the Employer to comply with the relevant provision;
Require the employer to pay to the employee compensation of such amount as is just and equitable having regard to all the circumstances but not exceeding 2 years remuneration.

I have accordingly been directed by the Director General of the Adjudication services, to hear the within complaint and I can confirm that I have fulfilled my obligation to make all relevant inquiries into the complaint. I have additionally and where appropriate heard the oral evidence of the parties and their witnesses and have taken account of the evidence tendered in the course of the hearing.

Background:

The Complainant worked as a Hairdresser with the Respondent salon since 2014. While out on protected (Maternity) leave, the Complainant learnt that the Managing Director and owner of the Salon was closing the premises down. This happened on or about the 19th of April 2018.

Summary of Complainant’s Case:

The Complainant says that she had not been paid Holiday Pay entitlements due to her and gave evidence of being owed up to two weeks. The Complainant gave further evidence that the closure of the Hair salon operated to make her Redundant and she did not receive a Redundancy payment. The Complainant has received no P60 for 2017 and no P45 following the closure of the premises.

Summary of Respondent’s Case:

The Respondent did not arrive at the hearing herein and no other communication has been made. I am satisfied that the Company is still a live on the Company register and that it was served with Notice of this hearing date at the Registered Office. The Respondent did not avail of an opportunity to contradict the Complainant’s evidence.

Findings and Conclusions:

I have heard the evidence adduced. I am satisfied that the Complainant is a credible witness whose employment came to be terminated during the course of her Maternity Leave. I am satisfied that the Complainant’s position was made Redundant.

Decision:

Section 41 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 Acts 1967 – 2012 requires that I make a decision in relation to the fact or otherwise of Redundancy.

Regarding the complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967, I am satisfied that the Complainant is entitled to a Statutory Redundancy payment based on the following information:

Employment started on the 1st of May 2014.

The Employment ended on the 14th of April 2018.

Gross weekly wage €400.00.

The Complainant was made aware of the fact that any award made under the Redundancy Payments Acts is subject to the Complainant having been in insurable employment for the relevant period under the Social Welfare Acts 1952 to 1966.The Complainant withdrew her claim under the Unfair Dismissals legislation.

Regarding the complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 I am satisfied the complaint is well founded and the Complainant is entitled to €400.00.

Dated: 21 November 2018

Workplace Relations Commission Adjudication Officer: Penelope McGrath BL