ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00013979
Parties:
| Complainant | Respondent |
Anonymised Parties | A Sales Assistant | A Tanning Provider |
Representatives | Edyta Manachiewicz Dublin Northwest Citizens Information, Employment Rights Section | 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-00018353-001 | 06/04/2018 |
Date of Adjudication Hearing:28/06/2018
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Procedure:
In accordance with 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).
Background:
The Complainant was made redundant by the Respondent and was not paid any redundancy pay. |
Summary of Complainant’s Case:
The Complainant was employed from May 5th 2015 to October 2nd 2017 as a Sales Assistant. The business closed without notice on October 2nd 2017. The Complainant earned an average of 281 Euros per week and is seeking a redundancy payment of 1,641.04 for 2.42 years of service calculated on the basis of two week per year of service (and part thereof) plus a bonus week. The Complainant was not paid her statutory redundancy payment. |
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.
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. This decision reference number is CA-00018353-001. Section 4.(1) of the Act states “Subject to this section and to section 47 this Act shall apply to employees employed in employment which is insurable for all benefits under the Social Welfare Acts, 1952 to 1966 and to employees who were so employed in such employment in the period of two years ending on the date of termination of employment.” Therefore subject to the Complainant being in employment which was insurable for this purpose under the Social Welfare Acts, and subject to being confirmed by the appropriate Government Agency, I find that the complaint is well founded and the Complainant is entitled to a redundancy payment of two weeks per year (or part thereof) plus one week on the following basis; Date of Commencement: MAY 5TH 2015 Date of Termination: OCTOBER 2ND 2017 Gross Weekly Wage: 281 Euros per week.
NOTE: For clarity, the Complainants Representative wrote to the WRC withdrawing this claim but she then advised the WRC this was an error – she had a duplicate complaint (ADJ 12902) under the Redundancy Acts and this was the complaint she had intended to withdraw. The withdrawal of this second complaint had been noted by the Adjudication Officer in Decision ADJ 12902. By email dated September 13th 2018 the Complainants Representative requested a Decision be issued on the claim. The Adjudication Officer accepts the scenario outlined above as correct and is satisfied that it is appropriate to issue this Decision. |
Dated: 28th September, 2018
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Key Words:
Redundancy |