ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00014378
| Complainant | Respondent |
Anonymised Parties | A Book-Keeper | A Haulage Company |
Complaint:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00018744-001 | 26/04/2018 |
Date of Adjudication Hearing: 16/11/2018
Workplace Relations Commission Adjudication Officer: Louise Boyle
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:
The complainant worked with the respondent until she was made redundant but never received redundancy payment. |
Summary of Complainant’s Case:
The complainant commenced employment on 15th June 2015 until her employment terminated on 28th March 2018.
She was advised that all employees were moving to another company but that she would remain with the respondent and would then be made redundant as there was no need for her position.
As no redundancy was forthcoming from the respondent she contacted the Director Ms A on a regular basis and despite regular promises that it would be paid, it never was. When she failed to get any response from Ms A, she contacted the accountant but he was awaiting information from the respondent and told her to stop emailing him about it and that he would not “tolerate emails/calls when the matter is out of my control”. Copies of all correspondence was provided. |
Summary of Respondent’s Case:
The respondent did not attend. Correspondence sent to respondent notifying them of the date, time and location of the hearing, were returned unopened. |
Findings and Conclusions:
Section 7(1) provides that: An employee, if he is dismissed by his employer by reason of redundancy or is laid off or kept on short-time for the minimum period, shall, subject to this Act, be entitled to the payment of moneys which shall be known (and are in this Act referred to) as redundancy payment provided— (a) he has been employed for the requisite period, and (b) he was an employed contributor in employment which was insurable for all benefits under the Social Welfare Acts, 1952 to 1966, immediately before the date of the termination of his employment, or had ceased to be ordinarily employed in employment which was so insurable in the period of two years ending on that date.
Having listened to the evidence, it would appear that the complainant’s position was made redundant.
Based on all the evidence, the claim succeeds. |
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.
In respect of the redundancy payment claim, based on the evidence, I find that the appeal under the Redundancy Payments Acts 1967 to 2007 succeeds and award the appellant a redundancy lump sum based on the following: Date of Commencement: 15 June 2015 Date of Termination : 28 March 2018 Gross Weekly Pay: €593.44
This award is subject to the appellant having been in employment which is insurable for all purposes under the Social Welfare Consolidation Acts. |
Dated: 10th January 2019
Workplace Relations Commission Adjudication Officer: Louise Boyle
Key Words:
Redundancy, respondent failed to attend, |