ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00019156
Parties:
| Complainant | Respondent |
Anonymised Parties | Hairdresser | Barber shop |
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-00024886-001 | 08/01/2019 |
Date of Adjudication Hearing: 28/02/2019
Workplace Relations Commission Adjudication Officer: Penelope McGrath
Procedure:
Pursuant to Section 39 of the Redundancy Payment Act of 1967 (as amended) it is directed that the manner of hearing prescribed in Section 41 of the Workplace Relations Act of 2015 shall apply to any question, dispute, complaint or appeal referred to the Director General under the Redundancy Payments Acts of 1967 – 2014.
I have accordingly been directed by the Director General of the Adjudication services, to hear the within complaint and I can confirm that I have fulfilled my obligation to make all relevant inquiries into the complaint. I have additionally and where appropriate heard the oral evidence of the parties and their witnesses and have taken account of the evidence tendered in the course of the hearing.
Under the Redundancy Payments Act, 2003 an eligible employee who is found to be redundant is entitled to two weeks statutory redundancy payment for every year of service. A further bonus week is added to this.
All of this is based on the gross pay subject to a ceiling of €600.00. Gross pay is the current normal weekly pay including average regular overtime and benefits-in-kind and before tax and PRSI deductions.
A complainant must be able to show two years of service in the employment.
Background:
The Complainant was made redundant after nearly sixteen years of service. She has not, to date received a Redundancy payment. |
Summary of Complainant’s Case:
The Complainant is seeking Statutory Redundancy. |
Summary of Respondent’s Case:
The Respondent witness indicated that the Complainant was indeed made redundant but that the Respondent was not in a position to pay a redundancy package. |
Findings and Conclusions:
I am satisfied that the Complainant is entitled to a redundancy payment based on the following facts established in evidence: The employment started: 1st of November 2002 The employment ended: 17th of October 2018 Gross weekly wage : €184.00 The Complainant was made aware of the fact that any award made under the Redundancy Payments Acts is subject to the Complainant having been in insurable employment for the relevant period under the Social Welfare Acts 1952 to 1966. I am satisfied that the employment extended beyond the 104 weeks required under Statute. The Complaint was brought within the time limit imposed. I accept that the Complainant’s job was made redundant and I accept that the Complainant was entitled to be paid redundancy pursuant to the Redundancy Payments Acts 1967-2014.
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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.
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 CA-00024886-001 I am satisfied that the Complainant is entitled to a redundancy payment based on the following facts established in evidence: The employment started: 1st of November 2002 The employment ended: 17th of October 2018 Gross weekly wage : €184.00
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Dated: 2nd May 2019
Workplace Relations Commission Adjudication Officer: Penelope McGrath
Key Words: