ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00016624

Parties:

	Complainant	Respondent
Anonymised Parties	An Employee	An Employer

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-00021628-001	06/09/2018

Date of Adjudication Hearing: 02/11/2018

Workplace Relations Commission Adjudication Officer: Niamh O'Carroll Kelly

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:

Summary of Complainant’s Case:

The complainant signed her RP 50 form and sent it back to the respondent. She has not received her redundancy payment despite making several enquires in relation to same.

Summary of Respondent’s Case:

The respondent states that she and her accountant filled in the RP50 form and sent it to the Complainant to sign. Once signed, her accountant sent it to the Social Fund to be processed. The complainant contacted the respondent recently because she had not received her payment. The respondent made enquires however, it would seem that the forms have been misplaced.

The respondent accepts that the complainant is entitled to her redundancy. Unfortunately, she is not in a position to pay her.

Findings and Conclusions:

The complainant is entitled to a redundancy payment in the following circumstances:

Commencement date: 27.10.2012

End date: 21.12.2017

Weekly wage: € 70.00

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 claim succeeds.

Dated: 06.11.18

Workplace Relations Commission Adjudication Officer: Niamh O'Carroll Kelly