ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00015284
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-00019879-001 | 20/06/2018 |
Date of Adjudication Hearing: 04/09/2018
Workplace Relations Commission Adjudication Officer: Joe Donnelly
Procedure:
In accordance with Section 39 of the Redundancy Payments Acts 1967 - 2014 following 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 was employed as a shop assistant by the respondent commencing in February 2004. The complainants worked 15 hours per week. The complainant’s employment terminated on 14 January 2018 when the shop ceased trading. |
Summary of Complainant’s Case:
Following the closure of the shop the complainant attempted to contact the respondent but got no response. The complainant completed forms in relation to redundancy but to date had not received any payment. |
Summary of Respondent’s Case:
The respondent had issues paying his accountant as he was awaiting a payment due from the lottery. The accountant had now assured him that the matter of redundancy payments was now being processed. |
Findings and Conclusions:
The respondent operated a grocery store in a village. In 2017 trade deteriorated and on 1 November of that year notice was given to the two members of staff. The store closed on 14 January 2018. The complainant attempted to get the respondent to process her redundancy payment without success. The respondent had difficulties in paying his accountant and he himself was awaiting a payment from the lottery. The respondent handed in a note from his accountant to the effect that the issue of processing the redundancy payments was now in hand. I note that it was stated that wage slips were not issued but a P60 form was presented. I am satisfied that as of the date of hearing no payment in respect of redundancy had been received by the complainant. |
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.
Complaint No. CA-00019879-001: Based on the evidence before me I find this complaint under the Redundancy Payments Acts, 1967 - 2012 to be well founded. The complainant therefore is entitled to a redundancy payment based on the following criteria: Date of Commencement: 28 February 2004 Date of Termination: 14 January 2018 Gross Weekly Pay: €149.39
This award is made subject to the complainant having been in insurable employment under the Social Welfare Acts during the relevant period. |
Dated: 11/01/2019
Workplace Relations Commission Adjudication Officer: Joe Donnelly