ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00020623

Parties:

	Complainant	Respondent
Parties

	Complainant	Respondent
Anonymised Parties	A Sales Assistant	A Retailer

Representatives

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-00027174-001	20/03/2019

Date of Adjudication Hearing: 23/05/2019

Workplace Relations Commission Adjudication Officer: Peter O'Brien

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and/or Section 39 of the Redundancy Payments Acts 1967 - 2014 following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).

Background:

The Complainant was employed as a Sales Assistant and when the shop ceased trading the owner did not have the funds to pay the Complainat her redundancy.

Summary of Complainant’s Case:

The Complainant was employed as a Sales Assistant from November 1^st 2010 to April 9^th 2018.

The Complainant was informed that the Store was ceasing effective immediately on April 9^th 2018 and she was being made redundant but was informed the Owner had no funds to pay redundancy pay.

The Complainant earned 190 Euros per week for a 19 Hour week.

The Complainant did not receive any redundancy payment.

The Complainant is seeking a redundancy payment under the Act.

Summary of Respondent’s Case:

The Respondent advised the Hearing that the Store was not operating profitably and due to the presence of large stores nearby she had to cease trading. She confirmed the redundancy payment was due and not paid. She also advised she did not have any funds to pay the redundancy payment.

The Respondent submitted a written statement from her Accountant, dated May 23^rd 2019, stating that she had ceased trading on April 30^th 2018, that she had no assets other than her mortgaged home and was not in a position to pay the redundancy due.

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.

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 : November 1^st 2010

Date of Termination: April 9^th 2018

Gross Weekly Wage: 190 Euros per week

Dated: 4.6.19

Workplace Relations Commission Adjudication Officer: Peter O'Brien

Key Words:

Redundancy Payment