ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00018832
Parties:
| Complainant | Respondent |
Anonymised Parties | Clerical Assistant} | Post Office / Shop |
Representatives | The claimant represented herself | The respondent did not attend and was not represented at the hearing. |
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-00024111-001 | 10/12/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00024111-002 | 10/12/2018 |
Date of Adjudication Hearing: 10/06/2019
Workplace Relations Commission Adjudication Officer: Emer O'Shea
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 [and/or 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).
Complaint reference CA-00024111-001 related to the non payment of redundancy.The second complaint reference CA-00024111-002 related to dissatisfaction with the decision of a Deciding Officer.This was ticked in error by the claimant and this element of the complaint has been withdrawn.
Summary of Complainant’s Case:
Summary of Claimant’s Position. The claimant was employed as a Clerical Assistant with the respondent on the basis of 25 hours per week from the 26th.May 2006 to the 12th.December 2016.The claimant submitted that she was made redundant at short notice in December 2016 when the respondent lost its most significant customer and had to cease business.She submitted the respondent was in breach of the Act for failing to pay her her statutory redundancy entitlement. |
Summary of Respondent’s Case:
The respondent did not attend and was not represented at the hearing. |
Decision:
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.
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 claimant’s complaint was received on the 10th.December 2018.On the basis of the uncontested evidence of the claimant that both the respondent and his accountant delayed in the processing of redundancy for her I have concluded that there was reasonable cause for the delay in making the complaint. Accordingly , I deem the complaint to be in time. On the basis of the uncontested evidence of the claimant , I find the respondent was in breach of the Act for failing to pay the claimant her statutory entitlement to redundancy. Accordingly , I uphold the complaint and require the respondent to pay the claimant her statutory redundancy on the basis of the following criteria: Date of Commencement : 26th.May 2006 Date of Termination : 12th.Dec. 2016 Gross Weekly Pay : €250. This award is made subject to the claimant having been in insurable employment under the Social Welfare Acts during the relevant period. |
Dated: 7th August 2019
Workplace Relations Commission Adjudication Officer: Emer O'Shea