ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00020684
Parties:
| Complainant | Respondent |
Anonymised Parties | An Administration Clerk | A Property Company |
Representatives | In person | Did not attend |
Complaint:
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-00027318-001 | 27/03/2019 |
Date of Adjudication Hearing: 30/07/2019
Workplace Relations Commission Adjudication Officer: Andrew Heavey
Procedure:
In accordance with 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 was employed by the respondent from 1st February 2002 until 25th September 2018. The complaint relates to an alleged breach of the Redundancy Payments Acts, 1967-2014. The complainant is seeking that she be paid her redundancy entitlements. |
Summary of Complainant’s Case:
The complainant stated that she was made redundant without notice and did not receive her statutory entitlements. The complainant stated that despite written assurances from the respondent in advance of the adjudication hearing, that the matter would be resolved between the parties, she is not confident that that will be the case and is seeking a Decision in respect of her complaint. The complainant confirmed that a separate complaint (ADJ-000209000) relating to Notice entitlements and outstanding Annual Leave and Public Holiday entitlements has been submitted to the Workplace Relations Commission (WRC) for adjudication. |
Summary of Respondent’s Case:
The respondent did not attend the adjudication hearing and was not represented. In correspondence to the complainant dated 24th July 2019, the respondent confirmed his embarrassment at failing to provide the complainant with her entitlements following 17 years of a positive working relationship. The respondent expressed his apologies to the complainant and assured her that a Liquidator would be appointed within one month. The respondent also assured the complainant that all required documentation relating to her redundancy entitlements would be completed by the Liquidator which would allow her to claim her redundancy entitlements from the Department of Employment Affairs and Social Protection. In correspondence to the WRC of the same date (24th July 2019) the respondent stated that the matter would be resolved within one month and the complainant would receive her entitlements. |
Findings and Conclusions:
The termination of the complainant’s employment by reason of redundancy has been accepted by the respondent. Despite the assurances provided by the respondent, it appears that the complainant has not received her redundancy entitlements to date. In the absence of any payment to the complainant or clarification of her specific entitlements from the respondent, I find that the complaint is well founded and decide as follows: |
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.
The complainant is entitled to a redundancy payment in the following terms: Date of commencement of employment: 1st February 2002 Date of termination of employment: 25th September 2018 Gross Weekly rate of pay: €410.00 The entitlement to a redundancy payment is based on the complainant having been in insurable employment within the meaning of the Social Welfare Acts for the relevant period. |
Dated: 13th November 2019
Workplace Relations Commission Adjudication Officer: Andrew Heavey
Key Words:
Redundancy entitlements |