Complainant

Respondent

Anonymised Parties

A Sales Assistant

A Limited Company

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-00029895-001

22/07/2019

Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967

CA-00029895-002

22/07/2019

Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973

CA-00029895-003

22/07/2019

The complainant commenced working for the respondent company on the 1st December, 2006. The respondent director is her brother. She worked as a sales assistant and she also did general administrative type work. In or around early March,2019 the company director told her, in passing, that he might have to make everyone redundant. She heard noting more about it until she received a text message on the 27th March, 2019 stating:

“ Hi XX, this is your last week in the shop and YY is looking after the P45’s when he’s back. MM and myself will carry on and wind down the business and then hopefully get a small unit somewhere to operate from”.

The complainant heard nothing more from the company director following that text. She was paid her last weeks salary. She has not been paid her redundancy or her minimum notice.

No Appearance for or on behalf of the Respondent. I am satisfied that the Respondent is on notice of the date, time and venue of the hearing.

CA-00029895-001

I am satisfied based on the complainant’s uncontested evidence, together with her documentary evidence, that her role within the respondent limited company was made redundant. At the time of the redundancy the complainant was on a gross salary of   €625.00 per week.

The complaint is well founded. The complainant is entitled to a redundancy payment based on the following details:

Commencement date:     01/12/2006

Termination date:   30/03/2019

Salary: € 600.00 per week.

CA-00029895-002

This is a duplicate claim and is withdrawn.

CA-00029895-003

I am satisfied based on the complainant’s uncontested evidence that she was not paid her minimum notice when her employment ended in March, 2019.

4.—(1) An employer shall, in order to terminate the contract of employment of an employee who has been in his continuous service for a period of thirteen weeks or more, give to that employee a minimum period of notice calculated in accordance with the provisions of subsection (2) of this section.

(2) The minimum notice to be given by an employer to terminate the contract of employment of his employee shall be:

(a) if the employee has been in the continuous service of his employer for less than two years, one week,

(b) if the employee has been in the continuous service of his employer for two years or more, but less than five years, two weeks,

(c) if the employee has been in the continuous service of his employer for five years or more, but less than ten years, four weeks,

(d) if the employee has been in the continuous service of his employer for ten years or more, but less than fifteen years, six weeks,

(e) if the employee has been in the continuous service of his employer for fifteen years or more, eight weeks.

Pursuant to Section 4(1)(d) of the Act, the complainant is entitled to six weeks minimum notice amounting to € 3,750.00.

CA-00029895-001. The claim is well founded.

CA-00029895-002. The claim is withdrawn.

CA-00029895-003. The claim is well founded. I award the complainant € 3,750.00.