ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00026378
Parties:
| Complainant | Respondent |
Anonymised Parties | Sales Executive | Shoe Shop |
Representatives | N/A | N/A |
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-00033510-001 | 06/01/2020 |
Date of Adjudication Hearing: 14/02/2020
Workplace Relations Commission Adjudication Officer: Gerard McMahon
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 alleges that she did not receive her redundancy entitlement. The relevant business went into liquidation, giving rise to the complaint. |
Summary of Complainant’s Case:
The complainant alleges that she did not receive her redundancy entitlement. Based upon all of the relevant data, this was calculated at €11,604.00 (i.e. the statutory sum due). The relevant business went into liquidation, giving rise to the complaint. |
Summary of Respondent’s Case:
The respondent did not attend the hearing. However, on Feb. 2nd, 2020 the company liquidator wrote to the W.R.C. to advise that: (i) he could confirm the claimant’s employment with the company as per the complaints form; (ii) that the company did not pay the claimant her redundancy and that (iii) this was attributable to the fact that the company did not have the resources to enable the payment. |
Findings and Conclusions:
As the company liquidator wrote to the W.R.C. (on Feb. 2nd, 2020) to advise that: (i) he could confirm the claimant’s employment with the company as per the complaints form; (ii) that the company did not pay the claimant her redundancy and that (iii) this was attributable to the fact that the company did not have the resources to enable the payment; it is evident that the claimant is entitled to or due a statutory redundancy payment of €11,604. |
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 claim is upheld and the claimant is awarded her statutory redundancy entitlement of €11,604.00. |
Dated: 10th March, 2020
Workplace Relations Commission Adjudication Officer: Gerard McMahon
Key Words:
redundancy |