ADJUDICATION OFFICER DECISION
Adjudication Reference:
ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00017783
Parties:
| Complainant | Respondent |
Anonymised Parties | A Shop Assistant | A Service Station |
Representatives | Citizens Information Services CLG | O’Sullivan and Co, Certified Public Accountants |
Complaint:
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-00022655-001 | 17/10/2018 |
Date of Adjudication Hearing: 15/04/2019
Workplace Relations Commission Adjudication Officer: Andrew Heavey
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 was employed by the respondent as a Shop Assistant from 6th December 1999 until a fire at the respondent’s premises in April 2009. The complainant was placed on temporary lay-off until Service Station re-opened in August 2010. The complainant remained employed by the respondent until her redundancy in January 2018. The complaint relates to the length of service applicable to the complainant’s employment. Entity Name Both parties agreed the correct respondent name at the adjudication hearing. This is reflected in the named decision that will issue to the parties in relation to this complaint. |
Summary of Complainant’s Case:
The complainant contends that her redundancy calculation should be based on her commencement date of December 1999 and not August 2010 when the Service Station re-opened following the fire. The complainant stated that she was in receipt of correspondence from the respondent assuring her that her employment was continuous and that her service prior to the fire was maintained. The complainant is therefore seeking that her redundancy entitlements reflect a commencement date of December 1999. |
Summary of Respondent’s Case:
The respondent’s representative accepted the documents presented by the complainant at the adjudication hearing and did not dispute the complainant’s entitlements. |
Findings and Conclusions:
I have reviewed the documentation submitted by the complainant. At the time of the complainant’s re-commencement with the respondent in August 2010, she received an undated letter from the respondent confirming that her previous service was maintained. This was accepted by the respondent’s representative at the adjudication hearing. Accordingly, I accept the complainant’s evidence that she commenced employment with the respondent in December 1999 and was made redundant in January 2018. |
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.
Having considered the submissions of both parties, I find that the complaint is well founded. The complainant is entitled to a Redundancy payment as follows: Date of commencement of employment: 6th December 1999 Date of cessation of employment: 26th January 2018 Gross Weekly rate of pay: €183.00 The entitlement to a redundancy payment is based on the complainant having been in insurable employment under the Social Welfare Acts for the relevant period. |
Dated: 11th July 2019
Workplace Relations Commission Adjudication Officer: Andrew Heavey
Key Words:
Redundancy entitlements |
Parties:
| Complainant | Respondent |
Anonymised Parties | A Shop Assistant | A Service Station |
Complaint:
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-00022655-001 | 17/10/2018 |
Date of Adjudication Hearing: 15/04/2019
Workplace Relations Commission Adjudication Officer: Andrew Heavey
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 was employed by the respondent as a Shop Assistant from 6th December 1999 until a fire at the respondent’s premises in April 2009. The complainant was placed on temporary lay-off until Service Station re-opened in August 2010. The complainant remained employed by the respondent until her redundancy in January 2018. The complaint relates to the length of service applicable to the complainant’s employment. Entity Name Both parties agreed the correct respondent name at the adjudication hearing. This is reflected in the named decision that will issue to the parties in relation to this complaint. |
Summary of Complainant’s Case:
The complainant contends that her redundancy calculation should be based on her commencement date of December 1999 and not August 2010 when the Service Station re-opened following the fire. The complainant stated that she was in receipt of correspondence from the respondent assuring her that her employment was continuous and that her service prior to the fire was maintained. The complainant is therefore seeking that her redundancy entitlements reflect a commencement date of December 1999. |
Summary of Respondent’s Case:
The respondent’s representative accepted the documents presented by the complainant at the adjudication hearing and did not dispute the complainant’s entitlements. |
Findings and Conclusions:
I have reviewed the documentation submitted by the complainant. At the time of the complainant’s re-commencement with the respondent in August 2010, she received an undated letter from the respondent confirming that her previous service was maintained. This was accepted by the respondent’s representative at the adjudication hearing. Accordingly, I accept the complainant’s evidence that she commenced employment with the respondent in December 1999 and was made redundant in January 2018. |
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.
Having considered the submissions of both parties, I find that the complaint is well founded. The complainant is entitled to a Redundancy payment as follows: Date of commencement of employment: 6th December 1999 Date of cessation of employment: 26th January 2018 Gross Weekly rate of pay: €183.00 The entitlement to a redundancy payment is based on the complainant having been in insurable employment under the Social Welfare Acts for the relevant period. |
Dated: 11th July 2019
Workplace Relations Commission Adjudication Officer: Andrew Heavey
Key Words:
Redundancy entitlements |