ADJUDICATION OFFICER DECISION
Adjudication Reference:
Parties:
| Complainant | Respondent |
Anonymised Parties | Hairstylist | Hair Salon |
Complaints:
Act | Complaint Reference No. | Date of Receipt |
CA-00020876-001 | ||
CA-00020879-001 |
Date of Adjudication Hearing:
Workplace Relations Commission Adjudication Officer:
Procedure:
In accordance with Section 39 of the Redundancy Payments Acts 1967 - 2014 following the referral of the complaints 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 complaints.
Summary of Complainant’s Case:
The Complainant submits that she was employed as a hairstylist by the Respondent from 14th October 2008 to 28th July 2018. The Complainant submits that she was informed by the Respondent on 23rd June 2018 that he was closing the hair salon in which she was employed. The Complainant submits that, despite suggestions from the Respondent that he would be able to provide her with alternative employment, no alternative job offer was made to her. The Complainant submits that she was made redundant by the Respondent and is seeking an appropriate redundancy payment. |
Summary of Respondent’s Case:
The Respondent did not attend the adjudication hearing. I am satisfied that he was properly on notice of the time, date and venue of the hearing. On 4th April 2019, prior to the hearing, the WRC received correspondence from the Respondent in which he stated that he would be making the Complainant redundant. |
Findings and Conclusions:
Based on the uncontested evidence of the Complainant, I find that the Complainant was employed on a continuous basis by the Respondent from 14th October 2008 until 28th July 2018 when her employment was terminated by reason of redundancy following the closure of the Respondent’s hair salon. |
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 is entitled to a statutory redundancy lump sum under the Redundancy Payment Acts based on her continuous and reckonable service in accordance with the following criteria: - Date of commencement: 14th October 2008 - Date of termination: 28th July 2018 - Gross weekly wage: €130 This award is made subject to the complainant fulfilling current social welfare requirements in relation to PRSI contributions. |
Dated: 02/05/2019
Workplace Relations Commission Adjudication Officer:
Key Words:
Redundancy Payments Acts – statutory redundancy entitlement – closure of business – uncontested claim |