ADJUDICATION OFFICER DECISION.
Adjudication Reference: ADJ-00022922
Parties:
| Complainant | Respondent |
Anonymised Parties | A sales assistant | A retail outlet |
Representatives | Self | Not represented. |
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-00029586-001 | 10/07/2019 |
Date of Adjudication Hearing: 12/02/2020
Workplace Relations Commission Adjudication Officer: Jim Dolan
Procedure:
In accordance 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 is a Sales Assistant and was employed by the Respondent from the 6th September 2013 until 31st August 2018 when the business ceased trading. This complaint referred under Section 39 of the Redundancy Payments Act, 1967 was received by the Workplace Relations Commission on 10th July 2019. |
Summary of Complainant’s Case:
The Complainant was employed by the Respondent from 06/09/2013 until 31/08/2018. By letter dated 20th August 2018 the Complainant was informed that her employment would terminate on 20th August 2018. This letter goes onto state the following: Due to your years of service you are also entitled to Statutory Redundancy which we have taken the liberty of calculating. Bases on your average wage for the past 18 working weeks, your gross pay was €406.53 per week. The statutory redundancy for your years of service (4 years and 11 months) totals €4,423.05. This will also be included in your final payment from the Company. This redundancy payment was never paid. |
Summary of Respondent’s Case:
The Respondent did not attend the scheduled hearing of the complaint. Correspondence in relation to the arrangements for the hearing was sent to the Liquidators office on 15th January 2020. |
Findings and Conclusions:
The Complainant is legally entitled to a statutory redundancy payment. The complaint was received by the Workplace Relations Commission on 10th July 2019 and this is within 52 weeks from the date of the redundancy. I now order the Respondent (in liquidation) to pay the Complainant her statutory redundancy entitlement. |
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.
As outlined above. |
Dated: 1st April 2020
Workplace Relations Commission Adjudication Officer: Jim Dolan