ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00028344

Parties:

	Complainant	Respondent
Anonymised Parties	Seamstress	Tailoring Service provider

Representatives

none

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-00036081-001	08/05/2020
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967	CA-00036082-001	08/05/2020

Date of Adjudication Hearing: 04/12/2020

Workplace Relations Commission Adjudication Officer: Penelope McGrath

Procedure:

Pursuant to Section 39 of the Redundancy Payment Act of 1967 (as amended) it is directed that the manner of hearing prescribed in Section 41 of the Workplace Relations Act of 2015 shall apply to any question, dispute, complaint or appeal referred to the Director General under the Redundancy Payments Acts of 1967 – 2014.

I have accordingly been directed by the Director General of the Adjudication services, to hear the within complaint and I can confirm that I have fulfilled my obligation to make all relevant inquiries into the complaint. I have additionally and where appropriate heard the oral evidence of the parties and their witnesses and have taken account of the evidence tendered in the course of the hearing.

Under the Redundancy Payments Acts, an eligible employee who is found to be redundant is entitled to a statutory redundancy payment for every year of service (per Section 7 of the Redundancy Payment Act of 1967). The Acts provide for a payment of two weeks gross pay for each year of service. A further bonus week is added to this. An eligible employee is one with 104 weeks of continuous employment with an employer whose position has ceased to exist. The calculation of Gross weekly pay is subject to a ceiling of €600.00. Gross pay is the current normal weekly pay including average regular overtime and benefits-in-kind and before tax and PRSI deductions. Redundancy payment is tax free.

A complainant must be able to show a minimum two years (104 weeks) of service in the employment.

Responsibility to pay Statutory Redundancy rests with the Employer. Where an employer can prove to the satisfaction of the Department of Employment Affairs and Social Protection that it is unable to pay Statutory Redundancy to an eligible applicant, the Department will make payments directly to that employee and may seek to recover as against the Employer independently. Such claims must be submitted on form RP50 which may be signed by both employer and employee (to be accompanied with a Statement of Affairs).

In the event that an Employer refuses to engage with an employee in this way it is open for the employee to bring an appropriate complaint before the Workplace Relations Commission.

The Employee must have made a claim for a redundancy payment from an employer by notice and in writing before the expiration of 52 weeks form the date of the cessation of the employment per section 24 of the Redundancy Payments Act 1967 (as amended). The time limit may be extended to 104 weeks where reasonable cause has given rise to the failure to apply and the Adjudication Officer so finds.

Background:

The Complainant initiated a claim for Redundancy when she issued a complaint by way of the Workplace Relations complaint form dated the 8th of May 2020. The complaint was mistakenly issued twice giving rise to two identical complaints, and the latter of the two has therefore been withdrawn. The claim herein was heard remotely in circumstances where a general restriction, on face to face hearings arising out of the Covid pandemic, was in place. Both parties were afforded an opportunity to be heard and to challenge, where appropriate, the evidence of the other.

Summary of Complainant’s Case:

The Complainant commenced her employment with the Respondent Tailoring Service on the 8th of August 2011. The Complainant went out on maternity leave and was due to return to the workplace on the 3rd of May 2019. Before her proposed return to the workplace the Complainant was advised by her Employer that the business was no longer viable and that she was forced to close the business. I have had sight of the letter of notification of termination of employment dated the 20th of April 2019. In the circumstances, the Complainant never returned to the workplace.

Summary of Respondent’s Case:

The Respondent confirmed that the business was closed and that she had not been in a position to discharge her liability to the Complainant under the Redundancy payments scheme. The Respondent deeply regretted this. The Respondent acknowledged receipt of a letter from a Solicitor engaged by the Complainant seeking the Redundancy Payment and I have had sight of this letter dated the 18th of June 2019 which discharges the Complainant’s obligation under Section 24. This was sent within 52 weeks of the termination of employment.

Findings and Conclusions:

It is an unfortunate fact that the Complainant has had to wait so long to receive her Statutory entitlements.

I accept that the Complainant’s job was made redundant and I accept that the Complainant was entitled to be paid redundancy pursuant to the Redundancy Payments Acts 1967-2014.

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.

Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967

CA-00036081-001 - I am satisfied that the Complainant is entitled to a redundancy payment based on the following facts established in evidence:

The employment started: 8th August 2011

The employment ended: 3rd May 2019

Gross weekly wage : €480.00

The Complainant was made aware of the fact that any award made under the Redundancy Payments Acts is subject to the Complainant having been in insurable employment for the relevant period under the Social Welfare Acts 1952 to 1966.The Complainant withdrew her claim under the Unfair Dismissals legislation.

CA-00036082-001

- this complaint is withdrawn in circumstances where this complaint is the exact same as CA-0036081-001 wherein a decision has already been made in the Complainant’s favour.

Dated:December 10th 2020

Workplace Relations Commission Adjudication Officer: Penelope McGrath

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