ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00017920
Parties:
| Complainant | Respondent |
Anonymised Parties | A Shop Assistant | Fuel Retailer Convenience Shop |
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-00023102-001 | 08/11/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00023102-002 | 08/11/2018 |
Date of Adjudication Hearing: 11/02/2019
Workplace Relations Commission Adjudication Officer: Emile Daly
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and/or Section 39 of the Redundancy Payments Acts 1967 - 2014following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
Background:
Respondent company closed down and company went into liquidation. Complainant was not paid a redundancy payment |
Summary of Complainant’s Case:
The Complainant commenced work for the Respondent on 20 September 1996 The Complainant ended work on 26 September 2018, when the shop closed and the company went into liquidation The Complainant was not paid a redundancy payment |
Summary of Respondent’s Case:
The liquidator appointed by the Respondent accepted the facts within the complainant form and accepted that a redundancy payment was due to the Complainant. The liquidator confirmed that the Respondent does not have the means to discharge the redundancy payment |
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.
CA-00023102-001 There is a duplication of complaints, therefore the decision is issued in respect of the above complaint and all other complaints are deemed to have been withdrawn. The Complainant contacted the WRC prior to the Adjudication hearing and indicated that she could not attend the hearing to the ill health of a family member. However in her absence and because the liquidator accepted her complaint in full and was willing to concede to an Adjudicated decision in her favour based on the facts as set out in her complaint form, as all the other redundancy complaints were heard and determined on the same day, 11 February 2019, I proceeded to determine the decision on the basis of the facts as conceded by the liquidator on behalf of the Respondent. Based on the liquidator accepting the complaint and the facts whereon the claim for redundancy was based I am satisfied that a redundancy situation existed and that the Complainant is entitled to a redundancy payment based on having had insurable employment (under the Social Welfare Acts) for the duration of her employment and based on the following facts: Commencement date: 20 September 1996 End of Employment: 26 September 2018 Gross weekly pay: €114.60
|
Dated: 12/08/2020
Workplace Relations Commission Adjudication Officer: Emile Daly
Key Words:
Redundancy |