Complainant

Respondent

Anonymised Parties

A Duty Manager

A Gym Owner

Representatives

Self Represented

Not present

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-00019303-001

20/05/2018

The Complainant is seeking statutory redundancy as a result of there being no work for her.

The Complainant was employed as a Duty Manager/Personal Trainer and commenced employment in May 2015.   She was informed that there was no work for her and made redundant in June 2018 by the Owner. The Complainant was not sure of the exact date in the months that she commenced and ceased employment so the 15th of each month has provided as a reasonable estimate of both dates. The Complainant submitted a claim for redundancy to the WRC on May 25th 2018. She was earning approximately 250 Euros per week. She is claiming statutory redundancy.

I am satisfied the Respondent was notified of the date, time and place of Hearing but was not present at the Hearing.

A Complaint was received by the Director General of the Workplace Relations Commission on May 20th 2018 alleging that her employer contravened the provisions of the Redundancy Payments Act 1967 in relation to the Complainant. The said complaint was referred to me for investigation. A Hearing for that purpose was held on July 8th 2019. There was no appearance by or on behalf of the Respondent at the Hearing. I am satisfied that the said Respondent was informed in writing of the date, time and place at which the Hearing to investigate the complaint would be held. In these circumstances and in the absence of any evidence to the contrary having been adduced before me, I must conclude that the within complaint is well founded and I decide accordingly.

Based on the uncontested evidence of the Complainant I award her statutory redundancy on the following basis;

The Complainants employment was terminated due to their being no work available in June 2018.

The Complainant did not receive any redundancy payment.

Section 4.(1) of the Act states “Subject to this section and to section 47 this Act shall apply to employees employed in employment which is insurable for all benefits under the Social Welfare Acts, 1952 to 1966 and to employees who were so employed in such employment in the period of two years ending on the date of termination of employment.”

Therefore, subject to the Complainant being in employment which was insurable for this purpose under the Social Welfare Acts, and subject to being confirmed by the appropriate Government Agency, I find that the complaint is well founded and the Complainant is entitled to a redundancy payment of two weeks per year (or part thereof) plus a week on the following basis;

Date of Commencement; May 15th 2015

Date of Reckonable Service for Redundancy Payment Ceasing on: June 15th 2018

Gross Weekly Wage: 250 Euros

Hours per week: 20

The Complainants period of “Reckonable Service” is defined by Schedule 3 of the Act and does not include any period of absence from work due to lay off by the employer.

Redundancy claim