ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00024677
Parties:
| Complainant | Respondent |
Anonymised Parties | An employee | A retail company |
Representatives |
|
Complaints:
Act | Complaint/Dispute Reference No. | Date of Receipt |
CA-00031361-001 | ||
CA-00031361-002 |
Date of Adjudication Hearing:
Workplace Relations Commission Adjudication Officer:
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 complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
Background:
The respondent company operated a retail outlet in the south-west where the complainant was employed for over four years. She was employed on a 40-hour week and her gross salary was €440. |
Summary of Complainant’s Case:
The complainant was employed from 5 May 2015 until the retail outlet closed on 5 August 2019. The retail outlet closed without notice on the latter date. The complainant submitted that she did not receive payment in lieu of notice and is seeking her statutory redundancy entitlements. The complainant submitted a copy of a completed RP50 received from the respondent between the date of notification and the date of the hearing. |
Summary of Respondent’s Case:
The respondent did not attend the hearing of this case. |
Findings and Conclusions:
The respondent did not attend the hearing of this matter; however, I am satisfied that they were on notice and did not provide any reason for non-attendance. In the circumstances, I proceeded to hear the case. The complainant was employed by the respondent between 5 May 2015 and 5 August 2019 and accordingly was entitled to a two-week notice period. Therefore, the relevant dates for calculation of the employment period run from 5 May 2015 to 19 August 2019. Her employment terminated without receiving any notice nor payment in lieu of notice. CA-00031361-001 Having regard to the evidence submitted to me, I find that the complainant has established that she was entitled to a statutory redundancy payment of €4,224 CA-00031361-002 Having regard to the evidence submitted to me, I find that the complainant has established that she is entitled to a payment in lieu of her two-week notice period, i.e. €880. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints / disputes 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.
CA-00031361-001 My decision is to award the complainant €4224.00 in respect of her statutory redundancy entitlement. CA-00031361-002 My decision is to award the complainant €880.00 in lieu of the notice period to which she is entitled. |
Dated: December 12th 2019
Workplace Relations Commission Adjudication Officer: Conor Stokes
Key Words:
Statutory redundancy payment, notice payment |