ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00017921
Parties:
| Complainant | Respondent |
Anonymised Parties | A Shop Assistant | Fuel Retailer Convenience Shop |
Representatives | In person | Patrick Keating Stewart and MacLochlainn Accountants and Auditors (Liquidator) |
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-00023117-001 | 08/11/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00023117-002 | 08/11/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00023118-001 | 08/11/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00023118-002 | 08/11/2018 |
Date of Adjudication Hearing: 11/02/2019
Workplace Relations Commission Adjudication Officer: Emile Daly
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and/or Section 39 of the Redundancy Payments Acts 1967 - 2014following 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:
Respondent company closed down and went into liquidation. Complainant was not paid a redundancy payment |
Summary of Complainant’s Case:
The Complainant attended the hearing and stated as follows: The Complainant commenced work for the Respondent on 1 August 2014 The Complainant ended work on 30 September 2018, when the shop closed and the company went into liquidation The Complainant was not paid a redundancy payment |
Summary of Respondent’s Case:
The liquidator appointed by the Respondent accepted the facts within the complainant form and accepted that a redundancy payment was due to the Complainant. The Liquidator confirmed that the Respondent was not in a position due to a lack of means to be able to discharge the obligations under the Redundancy Payments Acts. |
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.
CA-00023117-001 As there has been a duplication of complaints, I have determined this matter under the above complaint and any other complaints are deemed to have been withdrawn. Based on the liquidator accepting the complaint and the facts whereon the claim for redundancy was based I am satisfied that a redundancy situation existed and that the Complainant is entitled to a redundancy payment based on insurable employment (under the Social Welfare Acts) for the duration of her employment and based on the following facts: Commencement date: 1 August 2014 End of Employment: 30 September 2018 Gross weekly pay: €66.85
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Dated: 6th March, 2019
Workplace Relations Commission Adjudication Officer: Emile Daly
Key Words:
Redundancy |