ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00025370
Parties:
| Complainant | Respondent |
Anonymised Parties | A Shop Worker | A Shop |
Representatives | N/A |
|
Complaint:
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-00032220-001 | 14/11/2019 |
Date of Adjudication Hearing: 11/03/2020
Workplace Relations Commission Adjudication Officer: Breiffni O'Neill
Procedure:
In accordance with Section 39 of the Redundancy Payments Acts 1967 - 2014following 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 started work with the respondent on 1st June 2012. Her employment ended by reason of redundancy on 10th November 2019. She stated that she did not receive a redundancy payment. |
Summary of Complainant’s Case:
The complainant’s employment with the respondent started on 1st June 2012. She was informed on 10th November 2019 that her employment was being terminated by reason of redundancy due to the closure of the shop. She stated that she did not receive a redundancy payment. |
Summary of Respondent’s Case:
Despite having been notified in writing of the time and date of the hearing, the respondent did not attend to give evidence. |
Findings and Conclusions:
Based on the uncontested evidence: I find that a genuine redundancy existed. I find that she did not receive any redundancy payment. I find that she is entitled to statutory redundancy as per the terms of the Redundancy Payments Act 1967. |
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.
I have decided that this complaint is well founded. I find that the Complainant’s start date was 1st June 2012. I find that the termination date was 10th November 2019. I find that her gross pay was €300.00 per week. I require the Respondent to pay the Complainant her statutory entitlement to a redundancy payment Any award under the Redundancy Payments Act is subject to the Complainant having been in insurable employment for the relevant period under the Social Welfare Acts. |
Dated: August 20th 2020
Workplace Relations Commission Adjudication Officer: Breiffni O'Neill
Key Words:
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