ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00019564
Parties:
| Complainant | Respondent |
Anonymised Parties | HR Officer | A Company |
Representatives |
|
|
Complaint:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00025503-001 | 02/02/2019 |
Date of Adjudication Hearing: 21/03/2019
Workplace Relations Commission Adjudication Officer: Ewa Sobanska
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 39 of the Redundancy Payments Acts 1967 - 2014 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 worked for the Respondent Company from 29th May 2014 to 4th May 2018. She asserted that he did not receive her entitlements under the Redundancy Payments Act, 1967. At the outset of the adjudication hearing, it became apparent that there was no appearance by or on behalf of the Respondent. I verified that the Respondent was on notice of the time, date and venue of the adjudication hearing. I waited some time to accommodate a late arrival. Having taken these steps, I proceeded with the adjudication hearing in the absence of the Respondent. |
Summary of Complainant’s Case:
The Complainant submits that she received notification of termination of her employment on 23rd April 2018 and her employment was terminated as of 7th May 2018. The Complainant claims that, after initially promising to pay her severance and other monies due (notice period, holiday pay) the Complainant has not been able to get a response from the Respondent despite numerous efforts. The Respondent ignored all correspondence. The Complainant submits that the company had three directors and a CEO who was the decision maker. Two Directors who resigned form the company in February 2018 and May 2018 have stated that they are unable to sign the redundancy forms as they are no longer directors. The Complainant submits that she contacted the accountant of the Respondent and the RP50 form was prepared for the Respondent to sign. The Complainant exhibited copies of emails exchange with the accountant and the Respondent in that regard. The Complainant exhibited also a copy of the redundancy payment calculator which was presented to the Respondent. The Complainant claims that it has proven impossible to get any response from the Respondent and no redundancy was paid to her. |
Summary of Respondent’s Case:
There was no appearance by or on behalf of the Respondent and it did not oppose the complaint. |
Findings and Conclusions:
Based on the uncontested evidence of the Complainant, I find that the Complainant was employed on a continuous basis with the Respondent from 29th May 2014 until 7th May 2018 when her employment was terminated by reason of redundancy following the closure of the Respondent’s business. |
Decision:
Section 39 of the Redundancy Payments Acts 1967 – 2014 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.
Based on the uncontested evidence of the Complainant I find that the Complainant is entitled to a statutory redundancy lump sum under the Redundancy Payment Acts based on the following criteria: - Date of commencement: 29th May 2014 - Date of termination: 7th May 2018 - Gross weekly wage: €451.85 This award is made subject to the Complainant having been in insurable employment under the Social Welfare Acts during the relevant period. |
Dated: 7th May 2019
Workplace Relations Commission Adjudication Officer: Ewa Sobanska
Key Words:
Redundancy- respondent not attended |