ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00022862
Parties:
| Complainant | Respondent |
Anonymised Parties | A Restaurant | A Pastry Chef |
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-00029410-001 | 02/07/2019 |
Date of Adjudication Hearing: 11/12/2019
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Procedure:
This complaint was submitted to the WRC on July 2nd 2019 and, in accordance with Section 39 of the Redundancy Payments Acts 1967 – 2014, it was assigned to me by the Director General. I conducted a hearing on December 11th 2019, for the parties to have an opportunity to be heard present their respective positions regarding the complaint. The complainant attended the hearing and represented herself. No one from the respondent company attended although I am satisfied that they were properly on notice of the hearing. I have reached the conclusions set out below based on the uncontested evidence of the complainant.
Background:
This is a complaint about the failure of the respondent to pay the complainant the full amount to which she was entitled in redundancy pay. |
Summary of Complainant’s Case:
At the hearing, the complainant explained that she joined the respondent company in March 2011 as a pastry chef and all went well until the fall-out from the restructuring of the business in 2018. The complainant was made redundant on July 28th 2018. She received notification from the respondent of her entitlement to a statutory redundancy payment of €9,456, based on her service of 7.38 years. The complainant said that she signed the RP50 form to confirm that she received her redundancy lump sum plus her outstanding holiday pay and pay in lieu of notice which was agreed. The total which her employer agreed to pay her was €13,515.36, of which, €9,456 was in respect of statutory redundancy. The complainant said that her employer told her that the full amount wasn’t available to pay her immediately and she agreed that she would accept the payment in instalments. An agreement was reached that she would be paid €2,250 per week for six weeks from August 3rd until September 5th 2018. This agreement was not adhered to by the employer, and, although the complainant received €5,500, the greater part of her redundancy lump sum has not been paid. The complainant said that despite numerous calls, it has not been possible to get her employer to pay her the amount due. |
Summary of Respondent’s Case:
The respondent did not attend the hearing. |
Findings and Conclusions:
Section 19(1) of the Redundancy Payments Act 1967 – 2014 provides that an employee whose employment ceases because of redundancy, is entitled to a redundancy payment: Upon the dismissal by reason of redundancy of an employee who is entitled under this Part to redundancy payment … his employer shall pay to him an amount which is referred to in this Act as the lump sum. In accordance with section 24 of the Act, an employee who is made redundant may make a claim for a redundancy payment up to 52 weeks following the termination of their employment. As this complaint was submitted to the WRC on July 7th 2019 and the complainant was made redundant on July 28th 2018, the complaint has been submitted within the 52-week time limit. From the evidence submitted by the complainant regarding the start and finish dates of her employment and her weekly wages, it is apparent that she is entitled to a redundancy lump sum of €9,456. In accordance with the provisions of the Redundancy Payments Act 1967 – 2014, she was legally entitled to be paid this amount on July 28th 2018, when her employment ended. Based on the evidence submitted to me at the hearing, I find that a payment of €8,000 remains due to her. |
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.
The complainant is entitled to a statutory redundancy payment of €9,456. I decide that her former employer is to pay her €8,000 in respect of the outstanding amount due. |
Dated: 9th January 2020
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Key Words:
Non-payment of redundancy lump sum |