Complainant

Respondent

Anonymised Parties

Sales Assistant

Convenience Store

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-00028984-001

11/06/2019

The Complainant was employed as a shop assistant in a local shop commencing employment on the 5th June 2005.

The complainant worked on a part-time basis with a gross wage of €153.00 per week. Employment terminated on 31st August 2017.

The complainant commenced employment with the Respondents on the 5th June 2005.

The complainant was informed that the Respondent owners intended to cease trading and the Convenience Store closed.

The complainant was advised that her redundancy payment would be processed through the Social Insurance fund.

Despite many promises, she did not receive any redundancy payment.

An application to extend the time to lodge her claim was made by the Complainant on the basis of reasonable cause.

The Respondent agreed to the facts above.

Evidence was given as to the efforts to facilitate the redundancy payment claim.

Since the Complainant had explained all the efforts that took place to obtain her redundancy payment, I will extend the time for her to bring her complaint.

Section 7(2) of the Redundancy Payments Act, 1967, states:

For the purposes of subsection (1), an employee who is dismissed shall be taken to have been dismissed by reason of redundancy if for one or more reasons not related to the employee concerned the dismissal is attributable wholly or mainly to –

(a)    The fact that his employer has ceased, or intends to cease, to carry on the business in the place where the employee was so employed, or

(b)    The fact that the requirements of that business for employees to carry out work of a particular kind in the place where he was so employed have ceased or diminished or are expected to cease or diminish…

I find that the convenience store closed and as a result, the complainant’s employment ceased. The complainant was accordingly dismissed by reason of redundancy.

I find that the complaint under the Redundancy Payments Acts, 1967 – 2012 is well-founded and that the complainant is entitled to a redundancy payment based on the following criteria:

Date of Commencement:     05 June 2005

Date of Termination:             31 August 2017

Gross Weekly Pay:                  €153.00

This award is made subject to the complainant having been in insurable employment under the Social Welfare Acts during the relevant period.

Redundancy.