ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00021882
Parties:
| Complainant | Respondent |
Anonymised Parties | Cleaner | Accommodations and Food Service |
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-00028717-001 | 28/05/2019 |
Date of Adjudication Hearing: 09/12/2019
Workplace Relations Commission Adjudication Officer: Jim O'Connell
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and/or 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
CA-00028717-001
Redundancy Payments Acts 1967
Background
The claimant was employed by the respondent from the 4th January 2017 until the 29th March 2019 and she was paid 412.50 gross (€373.54 net) working 37.5 hours [per week
The claimant stated that she got a document from the respondent that due to changes in the business the company, there will not be any work available to her as a cleaner. It was stated that she asked the respondent for her redundancy and he stated that he would not pay her.
Findings
I am satisfied that the respondent was duly notified at the address provided, he failed to attend or send a representative
The claimant’s service is from the 4th January 2017 to the 29th March 2019 and €412.50 gross
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint 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.
I find based on the uncontested evidence the claimant is entitled to her redundancy for the period of her service and based on her gross rate of pay.
Dated: 20th February 2020
Workplace Relations Commission Adjudication Officer: Jim O'Connell
Key Words:
Redundancy |