ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00018237
Parties:
| Complainant | Respondent |
Anonymised Parties | An Employee | A Steel Company |
Representatives |
| Did not attend |
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-00023501-001 | 23/11/2018 |
Date of Adjudication Hearing: 15/01/2019
Workplace Relations Commission Adjudication Officer: Valerie Murtagh
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 39 of the Redundancy Payments Acts 1967,following the referral of the complaint to me by the Director General, I inquired into the complaint 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 commenced employment with the respondent on 3 October 2001 in an accounts role. She states that her employment was terminated on 28 February 2018. She states that she did not receive a P45 nor did she receive her redundancy entitlement. |
Summary of Complainant’s Case:
The complainant states that she is in a very difficult position to find alternative work as she was not issued with a P45. The complainant states that when she commenced with the respondent company, she worked 3 full days per week i.e. Wednesdays, Thursdays and Fridays from 8.30 to 5 pm totalling 22 ½ hours per week. She never received a contract despite repeated requests for same. In February 2009, the company was experiencing a downturn and her hours were reduced to 15 hours and she worked 2 full days. She states that her payslips ceased in December 2013 and that her manager would write her out a cheque at the end of each month. The complainant states that from 2013 onwards, her hours were further reduced to 2 half days per week. The complainant states that she earned €21 per hour. |
Summary of Respondent’s Case:
The respondent did not attend the hearing. |
Findings and Conclusions:
Having considered the instant complaint, I am satisfied based on the evidence heard that the complainant is entitled to redundancy. The complainant commenced with the respondent company on 3 October 2001 and her employment was terminated on 28 February 2018. The complainant stated that she received a net payment of €378.02 into her bank account at the end of each month. |
Decision:
Section 41 of the Workplace Relations Act 2015 and 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 the Acts.
Based on the evidence adduced, I am satisfied that the complaint is well founded and the complainant is entitled to redundancy. The complainant commenced with the respondent on 3 October 2001 and her employment was terminated on 28 February 2018. The complainant stated that she received a net payment of €378.02 per month. 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. |
Dated: 1st May 2019
Workplace Relations Commission Adjudication Officer: Valerie Murtagh