ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00027209
Parties:
| Complainant | Respondent |
Anonymised Parties | Deli Assistant | Catering Outlet |
Representatives | Self | Self |
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-00034807-001 | 24/02/2020 |
Date of Adjudication Hearing: 24/07/2020
Workplace Relations Commission Adjudication Officer: Eugene Hanly
Procedure:
In accordance with Section 39 of the Redundancy Payments Acts 1967 - 2014 following 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 a Deli Assistant from 1st February 2010 to 8th January 2020. She was paid €384.00 per week and worked 32 hours per week. She has claimed that her employment ceased and she did not receive her statutory redundancy entitlements. |
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Summary of Complainant’s Case:
The Complainant stated that she was advised on 30th December 2019 that the business was in financial trouble and would have to cease trading. The business closed on 8th January 2020. She requested the form RP50 to be completed and if there were no funds to pay it then she needed proof of that. She is seeking her entitlements to statutory redundancy. |
Summary of Respondent’s Case:
The Respondent stated that the business had to cease trading due to increasing debts and loss of revenue. She advised the Complainant on 30th December of the problems. The business ceased on 8th January 2020. She has incurred considerable debts, details provided. She was unable to get proof of her inability from her Accountant until 23rd April 2020. She regrets that she is unable to pay the statutory redundancy. |
Findings and Conclusions:
I note that the business ceased trading on 8th January 2020. I note that the business has considerable debts accruing. I note that the Respondent has no funds available to pay the statutory redundancy. I find that the Complainant has not received statutory redundancy. I find that there was a genuine redundancy. I find that the Complainant is entitled to statutory redundancy as per the terms of the Redundancy Payments Act. I find that the commencement date of this employment was 1st February 2010, the date of termination was 8th January 2020. The gross pay was €384.00 per week. I find that 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 am satisfied that the Complainant has not received her entitlements to statutory redundancy.
I have decided 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 1st February 2010,
Date of termination was 8th January 2020.
Gross pay was €384.00 per week.
I have decided that 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.
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Dated: 28th September 2020
Workplace Relations Commission Adjudication Officer: Eugene Hanly
Key Words:
Redundancy due to business closure |