ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00018885
Parties:
| Complainant | Respondent |
Anonymised Parties | Complainant | Respondent |
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-00024340-001 | 19/12/2018 |
Date of Adjudication Hearing: 28/11/2019
Workplace Relations Commission Adjudication Officer: Janet Hughes
Procedure:
In accordance with Section 39 of the Redundancy Payments Acts 1967 - 2014 following 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:
The complainant was employed by the respondent from 4.12.2009 to 24.10.2018 when the Respondent was declared bankrupt. The respondent completed an RP50 which was submitted to the Department of Employment Affairs and Social Protection on or around 4.12.2018. In June 2019 the respondent was notified, and the claimant learned that the Department had decided that the claim ‘was withdrawn’-as per document dated 06/06/09. Reference was made in that document to the official assignee. The respondent has dealt with that office and they have his forms. He recalls his last contact from that office as September 2019. He was informed he required a decision from the WRC for the purposes of payment from the Insolvency Fund. |
Summary of Complainant’s Case:
The complainant has done everything possible to obtain his redundancy pay and has followed the steps advised to him. He received his P45 from the respondent in October 2018. He received two and both were incorrect but the second one gives the correct date of termination-24.10.2018. His rate of pay in the employment of the respondent was 334.25 per week and he worked an average of 35 hours per week. |
Summary of Respondent’s Case:
The respondent did not attend. There is a written statement on file. The claim is not disputed and the RP50 was completed. In correspondence with the WRC on 24 September 2019,the respondent confirmed that she had forwarded the Department’s letter to the official assignee on 10 June 2019. She failed to see how a hearing with her can address the situation as everything has to go through the official assignee. In response the WRC advised her that all correspondence would continue to issue to her as respondent and that she should advise the official assignee of the complaint and arrangements for hearing same. |
Findings and Conclusions:
The correspondence to the respondent of 06/06/2019 from the Department of Employment Affairs and Social Protection must be regarded as a rejection of the claim for redundancy pay based on the RP50 submitted by the Respondent. In that decision, the Department advised the respondent to arrange for the official assignee to re-submit the claim ‘to said office attaching with it a statement of affairs’. It is unclear what information was provided to the official assignee by the Respondent. The complainant has made every effort to secure the undisputed entitlement to redundancy payment. As the previous employer is the only party on notice, the decisions can only be issued against the respondent. It will be for the complainant to provide the decision to the official assignee. The Complainant is entitled to statutory redundancy pay for the period 4.12.2009 to 24.10.2018 of 17.8 weeks plus one bonus week totalling 18.8 weeks . The total sum due is €6283.90 |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
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 decision in this case is that the complainant has established a valid claim for payment of redundancy following the termination of his employment by the respondent on 24.10.2018 I decide that the complainant is to receive the sum of €6283.90 in redundancy pay in respect of the termination of his employment on grounds of redundancy by the respondent calculated as follows: Date of Commencement of Employment:4.12.2009 Date of Cessation of Employment:24.10.2018 Gross Weekly Pay for the purposes of the calculation:€334.25 17.8 weeks plus one bonus week, amounting to 18.8 weeks. Redundancy Payment :€6283.90 This payment is subject to the complainant having been in insurable employment with the respondent during the period covered by the Decision. |
Dated: 4.2.2020
Workplace Relations Commission Adjudication Officer: Janet Hughes
Key Words:
Redundancy/Bankruptcy |