ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00022810
Parties:
| Complainant | Respondent |
Anonymised Parties | {An Administrator} | {A Training Company} |
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-00029031-001 | 13/06/2019 |
Date of Adjudication Hearing: 27/08/2019
Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll
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 is an administrator who worked with the Respondent from 7th May 2012 until 31st August 2018. |
Summary of Complainant’s Case:
The Complainant’s hours were reduced from 3 days per week to 2 days per week in February 2018. She was made redundant by the Respondent on 31st August 2018, but this was based on 2 days per week not 3 days per week. The Respondent has raised this with the Respondent and the Department of Social Protection but has not received any response. |
Summary of Respondent’s Case:
There was no appearance by or on behalf of the Respondent at the hearing. |
Findings and Conclusions:
I have heard the oral submissions and considered the written submissions of the Complainant. The Redundancy Payments Act 1967 at schedule 3 sets out the provisions for calculation of a redundancy sum and normal weekly remuneration for an employee whose remuneration varies in relation to the amount of work done by her. The Complainant’s normal weekly remuneration to be taken into account is the total remuneration paid to the employee for all the hours worked in the period of 26 weeks which ended 13 weeks before the date on which the employee was made redundant, taking into account the total hours worked, and multiplying this by the hours worked at the date of the redundancy The average weekly earnings for the 26 week period is 229.46 euro, and taking into account the length of service of the Complainant I calculate the redundancy sum due to the Complainant is 3,129.84 euro. The Complainant has received more than this sum in the redundancy payment made by the Respondent, and I find this complaint is not well founded. |
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.
I find this complaint is not well founded. |
Dated: February 12th 2020
Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll
Key Words:
Calculation of redundancy lump sum payment, schedule 3, hours reduced, taking into account varied hours |