ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00026407
Parties:
| Complainant | Respondent |
Anonymised Parties | Supervisor | Cinema |
Representatives | The claimant represented herself | The respondent did not attend and was not represented at the hearing |
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-00033754-001 | 13/01/2020 |
Date of Adjudication Hearing: 04/03/2020
Workplace Relations Commission Adjudication Officer: Emer O'Shea
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 [and/or Section 39 of the Redundancy Payments Acts 1967 - 2014 ] following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
The claimant advised that the company was in liquidation – the Liquidator was named as Deloitte Ireland LLP , Galway Financial Services Centre , Moneenageeisha Road , Galway
Summary of Complainant’s Case:
The claimant was employed as a Supervisor with the respondent from the 31st.Dec. 2014 to the 8th.Aug. 2019. The claimant earned €10.80 per hour and worked a 37 hour week.She was advised by the respondent on the 2nd.August 2019 that the company was closing owing to financial difficulties and not to worry because all outstanding wages, holidays and redundancy would be paid. However no redundancy was paid. The claimant submitted the respondent was in breach of the Act for failing to pay her statutory redundancy . |
Summary of Respondent’s Case:
The respondent did not attend and was not represented at the hearing. |
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.
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.
On the basis of the uncontested evidence of the claimant , I am upholding the appeal and require the respondent to pay the claimant her statutory redundancy entitlement. I find that the complaint under the Redundancy Payments Acts, 1967 – 2012 is well-founded and that the complainant is entitled to a redundancy payment based on the following criteria: Date of Commencement: 31.12.2014 Date of Termination: 8.08.2019 Gross Weekly Pay: €399.60 This award is made subject to the complainant having been in insurable employment under the Social Welfare Acts during the relevant period. |
Dated: 30 September 2020
Workplace Relations Commission Adjudication Officer: Emer O'Shea