ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00019391
Parties:
| Complainant | Respondent |
Anonymised Parties | A Legal Secretary | A Solicitor |
Complaints:
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-00025298-001 | 25/01/2019 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00025298-002 | 25/01/2019 |
Date of Adjudication Hearing: 06/03/2019
Workplace Relations Commission Adjudication Officer: Marian Duffy
Procedure:
In accordance with Section 39 of the Redundancy Payments Acts 1967 - 2014 and following the referral of the complaint to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
Background:
The complainant was employed by the respondent as a legal secretary from the 6th June 2006 until the 31st July 2018. She was paid €618.57 per week and worked 39 hours week. She is claiming redundancy. |
CA-00025298-001 & CA-00025298-002
Summary of Complainant’s Case:
The complainant said that she was dismissed for reasons of redundancy, but she has not been paid her redundancy money. |
Summary of Respondent’s Case:
The respondent said that he retired from business and the complainant was made redundant. He concedes the complainant’s claim, but he is awaiting funds from the sale of the business to pay the redundancy. The sale is now concluded, and he will be in a position to pay it in the next few weeks. |
Findings and Conclusions:
I am satisfied that the complainant was dismissed for reasons of redundancy. I find that she is entitled to a redundancy lump sum payment and I make an award in her favour. |
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.
I find that the complainant was dismissed for reasons of redundancy and that she is entitled to a statutory redundancy payment based on the following information: Date of Commencement 6th June 2006 Date of Termination 31st July 2018 Gross Pay Weekly €618.57 (the statutory ceiling applicable is €600 per week) Any award under the Redundancy Payments Act is subject to the complainant having been in insurable employment for the relevant period under the Social Welfare Acts. I order the respondent to pay the complainant her statutory entitlement in accordance with the details above as per the terms of the Redundancy Payments Act. |
Dated: March 28th 2019
Workplace Relations Commission Adjudication Officer: Marian Duffy
Key Words:
Redundancy Payments Acts. |