ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00024981

Parties:

Complaint(s):

Date of Adjudication Hearing: 17/12/2019

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 and following the referral of the complaint(s) to me by the Director General, I inquired into the complaint(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s).

CA-00031809-001

Payment of Wages Act 1991

Background

The claimant was employed by the respondent from the October 2005 when she broke her service and she was reemployed in June 2009 until October 2019. The claimant was employed as a consultant working 28 hours per week and she was paid €2208 gross per month

The claimant contract of employment stated that she had to give a minimum of 4 weeks’ notice if she was termination her employment.

On the 4th October the claimant gave the respondent the notice in accordance with her contract and she advised the respondent she would be working her notice period.

The respondent indicated that he wished to think about and returned short time later and told the claimant that she could finish immediately.

The respondent refused to pay the claimant the notice. The respondent company went into liquation on the 1st November 2019.

Findings

The respondent did not attend, and I am satisfied that he was duly notified at the address provided.

I find the claimant’s contract of employment at section 12.1 states” Your contract of employment may be terminated by you on giving the company one calendar month written notice. After the end of your probationary period your employment may be terminated by the Company by giving you the higher of

(i)            One calendar month’s written notice, or

(ii)           (ii) your statutory entitlement

I find the claimant gave the respondent written notice on the 4th October in accordance with that contract and I find the respondent terminated her employment immediately.

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.

I find the complaint to be well founded and I award her 4 weeks’ pay in lieu of her notice €2208.

CA-00031848-001

Redundancy Payments Acts 1967 – 2012

Background

The claimant was employed by the respondent from the October 2005 when she broke her service and she was reemployed in June 2009 until October 2019. The claimant was employed as a consultant working 28 hours per week and she was paid €2208 gross per month

The claimant submitted that the respondent company had gone into liquation on the 1st November   and she was entitled to her redundancy for the 14 year she worked for the respondent.

Findings

The respondent did not attend, and I am satisfied that he was duly notified as the address provided.

I find that the claimant’s employment was not terminated by redundancy as she had given notice to the respondent that she was terminating her contract on the 4th October 2019.

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 find that the complaint is not well founded and fails.

Dated: 18th February 2020

Workplace Relations Commission Adjudication Officer: Jim O'Connell

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