Complainant

Respondent

Anonymised Parties

A Pharmacy Assistant

A Pharmacy

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-00025154-001

21/01/2019

Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967

CA-00025154-002

21/01/2019

Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973

CA-00025154-003

21/01/2019

Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973

CA-00025154-004

21/01/2019

The Complainant was advised by the Owner that the business was ceasing effective immediately and that she would receive her entitlements. She was not paid any redundancy or payment in lieu of notice. The Complainant submitted two identical claims to the WRC and claim reference numbers Ca-00025154-002 and 004 were withdrawn at the Hearing as they were duplicate claims.

The Complainant was employed as a Pharmacy Assistant from March 2014 to June 30th 2018.

The Complainant was informed that the operation was ceasing effective immediately on June 30th 2018 and she was being made redundant and all entitlements would be paid by the Company Accountant, including redundancy pay.

The Complainant earned 330 Euros per week for a 30 Hour week.

The Complainant did not receive any redundancy payment.

The Complainant is seeking a redundancy payment and payment in lieu of notice.

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

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.

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, under claim reference Number Ca-00025154-001, 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 reckonable service basis;

Date of Commencement : March 2014

Date of Termination: June 30th 2018

Gross Weekly Wage: 330 Euros per week

Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act. The Minimum Notice and Terms of Employment Act 1973 Section 4 (2) (b) states that an employee who has between two and five years service is entitled to two weeks’ notice. I award the Complainant, under claim reference number CA-00025154-003, two weeks’ notice to the value of 660 Euros (total .

Redundancy and Minimum Notice