ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00017812

Parties:

	Complainant	Respondent
Anonymised Parties	A Cosmetics Tutor and Administrator	A Beauty and Cosmetics School

Representatives

Self-Represented

Consultant

+

Complaint(s):

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00022987-001	31/10/2018
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00022987-002	31/10/2018
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 15 of the European Communities (Organisation of Working Time) (Mobile Staff in Civil Aviation) Regulations 2006 - S.I. No. 507 of 2012	CA-00022987-003	31/10/2018
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967	CA-00022987-004	31/10/2018
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967	CA-00022987-005	31/10/2018

Date of Adjudication Hearing: 30/01/2019

Workplace Relations Commission Adjudication Officer: Michael McEntee

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015; Section 6 of the Payment of Wages Act, 1991 and Section 39 of the Redundancy Payments Act, 1967 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 issues in contention concern a Beauty/Cosmetics School, now ceased trading and a former employee.

1: Summary of Complainant’s Case:

Act	Complaint/Dispute Reference No.	Summary case.
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00022987-001	Claim to be withdrawn. Monies paid.
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00022987-002	Claim to be withdrawn. Monies paid.
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 15 of the European Communities (Organisation of Working Time) (Mobile Staff in Civil Aviation) Regulations 2006 - S.I. No. 507 of 2012	CA-00022987-003	Clerical error in claim form. Complaint withdrawn as completely non-applicable.
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967	CA-00022987-004	Formal redundancy decision required to process with former Employer and Dept of Social Protection.
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967	CA-00022987-005	Inability to pay aspect / Formal Statement of Affairs not contested by Respondent at Hearing.

2: Summary of Respondent’s Case:

Monies due under the Payment of Wages Act, 1991 had been paid. RP50 Documentation relating to the Redundancy was in preparation and was not contested. A Formal WRC decision under the Redundancy Payments Act, 1967 would be helpful.

3: Findings and Conclusions:

As matters have been settled in regard to Complaint’s CA-00022987-001 to 003 and 005 I will give a decision on CA-00022987 – 004 as requested.

CA-00022987 -004

The Complainant is properly due a Statutory Redundancy Payment as required by Section 39 of the Redundancy Payments Act,1967. The Start of Employment is 01/13/2007 and the end date is 16/10/2018.

The rate of pay is €673.50 which is in excess of the statutory ceiling.

The calculation to be as per the Department of Social Protection regulations and Redundancy calculator.

I direct that a Statutory Redundancy Payment be made on this basis.

4: Decision:

Section 41 of the Workplace Relations Act 2015 and Section 39 of the Redundancy Payments Acts 1967 – 2012 require that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions of the cited Acts.

Act	Complaint/Dispute Reference No.	Summary decision. Please refer to Section Three above for detailed reasoning.
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00022987-001	Claim to be withdrawn. Monies paid.
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00022987-002	Claim to be withdrawn. Monies paid.
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 15 of the European Communities (Organisation of Working Time) (Mobile Staff in Civil Aviation) Regulations 2006 - S.I. No. 507 of 2012	CA-00022987-003	Clerical error in claim form. Complaint withdrawn as completely non-applicable.
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967	CA-00022987-004	Statutory redundancy to be paid as set out in Section Three above.
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967	CA-00022987-005	Inability to pay aspect / Formal Statement of Affairs not contested by Respondent at Hearing. Accordingly claim is well founded. No separate redress is warranted.

Dated: 20th March 2019

Workplace Relations Commission Adjudication Officer: Michael McEntee

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