ADJUDICATION OFFICER DECISION.
Adjudication Reference: ADJ-00027992
Parties:
| Complainant | Respondent |
Anonymised Parties | A secretary | A chiropractic practice. |
Representatives | Ann Conan South Leinster Citizens Information Service | 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-00035816-001 | 17/04/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00035816-002 | 17/04/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 6 of the European Communities (Protection of Employment) Regulations 2000 | CA-00035816-003 | 17/04/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 6 of the European Communities (Protection of Employment) Regulations 2000 | CA-00035816-004 | 17/04/2020 |
Date of Adjudication Hearing: 14/01/2021
Workplace Relations Commission Adjudication Officer: Jim Dolan
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 to me by the Director General, I inquired into the complaints 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 by the Respondent from 24th June 2015 until 28th January 2020. The Complainant worked 19.5 hours per week and was paid €978.30 per month (equates to €225.76 per week). The complaint was received by the Workplace Relations Commission on 17th April 2020 and comes in four parts. CA – 00035816 – 001 – referred under section 39 of the Redundancy Payments Act, 1967. CA- 00035816 – 002 - referred under section 39 of the Redundancy Payments Act, 1967. CA- 00035816 – 003 referred under regulation 6 of the European Communities (Protection of Employment) Regulations 2000. CA- 00035816 – 004 referred under regulation 6 of the European Communities (Protection of Employment) Regulations 2000.
|
Summary of Complainant’s Case:
The Complainant was informed on 14th January 2020 that her job would become redundant on 28th January as the business was closing and her manager, the owner of the business, was moving to Australia. Despite a substantial effort on her part to secure her entitlements under the Redundancy Payments Act the owner, her employer, failed to provide the required paperwork and her statutory entitlement under the act. The Complainant made a substantial effort to contact the Respondent but unfortunately failed to receive any redundancy entitlement or her paperwork. |
Summary of Respondent’s Case:
The Respondent did not attend the hearing of the complaint. I am satisfied that every effort possible was made to notify the Respondent of arrangements for the hearing. |
Findings and Conclusions:
CA – 00035816 – 001 and CA- 00035816 – 002 From the uncontested evidence adduced from the Complainant I have decided that the complaints (numbered above) are well founded and the Complainant is due a statutory redundancy payment. CA- 00035816 – 003 and CA- 00035816 – 004 There is no question that this is in any way a collective redundancy – that being the case these two complaints are not well founded. The Complainant should now be paid her statutory redundancy entitlement. Monies owed to the Complainant should be paid within 42 days from the date of this decision.
|
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(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.
From the uncontested evidence adduced from the Complainant I have decided that the complaint (numbered above) are well founded and the Complainant is due a statutory redundancy payment.
|
Dated: 23rd of February 2021
Workplace Relations Commission Adjudication Officer: Jim Dolan
Key Words:
Redundancy Payments Act, 1967. |