CORRECTING ORDER ISSUED PURSUANT TO SECTION 39 OF THE ORGANISATION OF WORKING TIME ACT,1997
The order corrects the original decision issued on the 2/12/2019 and should be read in conjunction with that decision
ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00024480
Parties:
| Complainant | Respondent |
Anonymised Parties | Administrator | Services Company |
Representatives |
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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-00031114-001 | 24/09/2019 |
Date of Adjudication Hearing: 05/11/2019
Workplace Relations Commission Adjudication Officer: Eugene Hanly
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 was employed as an Administrator from 31st May 2010 to 31st December 2018. She was paid €12.50 per hour and worked 20 hours per week. She has claimed that her employment was terminated on 31st December 2018 and she received no redundancy payment. |
Summary of Complainant’s Case:
She stated that she commenced employment on 31st May 2010 and she went on maternity leave on 24th April 2017. She became ill with post-natal depression and she did not return to work. She heard informally that the company was being closed down and some of the business had gone to another company. On 31st December 2018 she received her P45 in the post. She tried to make enquiries but to no avail. She believes that the business is now closed. She is claiming statutory redundancy. |
Summary of Respondent’s Case:
The Respondent did not attend and was not represented. |
Findings and Conclusions:
I note that the Respondent did not attend and was not represented. I note that the Complainant believes that the business has closed. Based on the uncontested evidence before this hearing I find as follows: I find that the Complainant’s employment was terminated by the issuing of a P45. I find that she received no communication from the Respondent, despite many efforts to contact them. I find that she did not receive any redundancy payment. I find that a genuine redundancy existed. I find that she is entitled to statutory redundancy as per the terms of the Redundancy Payments Act 1967. |
I find that the Complainant’s start date was 31st May 2010.
I find that the termination date was 31st December 2018.
I find that he gross pay was €250.00 per week.
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.
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 a genuine redundancy exists.
I have decided that the Complainant did not receive her entitlement to statutory redundancy.
I have decided that this complaint is well founded.
I require the Respondent to pay the Complainant her statutory entitlement to redundancy payment within six weeks of the date below.
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Dated: 20th February 2020
Workplace Relations Commission Adjudication Officer: Eugene Hanly
Key Words:
Statutory redundancy |