ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00024517
Parties:
| Complainant | Respondent |
Anonymised Parties | A Hairdresser | A Hair Salon |
Representatives | N/A | Did not attend |
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-00030872-001 | 12/09/2019 |
Date of Adjudication Hearing: 11/03/2020
Workplace Relations Commission Adjudication Officer: Breiffni O'Neill
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’s employment with the respondent started on 3rd September 2016. She claimed that she did not receive a redundancy payment following the termination of her employment on 22nd December 2018. |
Summary of Complainant’s Case:
The complainant’s employment with the respondent started on 3rd September 2016. She was notified on 8th December 2018 that her employment was being terminated by reason of redundancy on 22nd December 2018 due to the closure of the hair salon. She stated that she did not receive a redundancy payment. |
Summary of Respondent’s Case:
Despite having been notified in writing of the time and date of the hearing, the respondent did not attend to give evidence. |
Findings and Conclusions:
Based on the uncontested evidence before this hearing: I find that the Complainant’s employment was terminated by the issuing of a P45. 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. |
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 this complaint is well founded. I find that the Complainant’s start date was 3rd September 2016. I find that the termination date was 22nd December 2018. I find that her gross pay was €140.00 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. I require the Respondent to pay the Complainant her statutory entitlement to redundancy payment. |
Dated: 18th September 2020
Workplace Relations Commission Adjudication Officer: Breiffni O'Neill
Key Words:
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