ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00027111

Parties:

Complaint:

Date of Adjudication Hearing: 17/12/2020

Workplace Relations Commission Adjudication Officer: Gerry Rooney

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 Complaint referred to an alleged non-payment of redundancy entitlements. The Respondent did not attend the hearing. I am satisfied the Respondent was properly notified of the date and time of the hearing.

Summary of Complainant’s Case:

The Complainant was employed by the Respondent as a Deli Assistant from 4th September 2006 to 31st December 2018. The Complainant submitted that she received notification of a redundancy on 30th November 2018 and her position was terminated on 31st December 2018 by way of redundancy.

The Complainant submitted that she contacted the Respondent on numerous occasions by text between January 2019 and February 2020 seeking her redundancy payment. She also submitted a RP77 form on 5th March 2019.

Responses were provided to her by text on 2 January 2019, 11th February 2019, 26th February 2019, 1 March 2019, 10th July 2019, 16th August 2019, 24th October 2019, and 4th February 2020, and where the Complainant maintained these responses reassured her that the redundancy payment was being progressed. Despite her efforts the Complainant has not received a redundancy payment.

The Complainant further contended that she did not submit her complaint to the WRC within 12 months because, based on the responses to her requests for payment throughout 2019 and early 2020 that she was reassured her redundancy payments would be met.

The Complainant submitted a pay slip dated 10th September 2018 which indicated her rate of pay was €191 per week.

Summary of Respondent’s Case:

The respondent did not attend the hearing. I am satisfied proper notification was given to the respondent regarding the date and time for the hearing.

Findings and Conclusions:

Based on the submission made, I find that the Complainant was in continuous service from 4th September 2006 until her job was terminated 31st December 2018 due to redundancy, in accordance with Section 7 of the Redundancy Payments Acts 1967 to 2014.

The complaint was submitted to the WRC on 12th February 2020, some 60 weeks after the date of redundancy. Under S24(2A) of the Act, Where an employee who fails to make a claim for a lump sum within the period of 52 weeks mentioned in subsection (1) (as amended) makes such a claim before the end of the period of 104 weeks beginning on the date of dismissal or the date of termination of employment, the adjudication officer, if he is satisfied that the employee would have been entitled to the lump sum and that the failure was due to a reasonable cause, may declare the employee to be entitled to the lump sum and the employee shall thereupon become so entitled. I am satisfied that from January 2019, a number of days after her redundancy, the Complainant sought her redundancy payment, and continued in good faith to correspond with the Respondent for over a year on the belief that she would receive this payment but where the Respondent failed to provide this payment. I therefore find that the Complainant is entitled to the lump sum payment and the reasonable cause for her delay in submitting her claim to the WRC was due to the belief that the Respondent was going to make this payment.

Decision:

Section 39 of the Redundancy Payments Acts 1967 – 2014 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.

Section 7(1) of the Redundancy Payments Act, 1967provides that an employee, if dismissed by an employer by reason of redundancy, shall, subject to this Act, be entitled to the payment of moneys which shall be known (and are in this Act referred to) as redundancy payment provided—(a) he has been employed for the requisite period, and(b) he was an employed contributor in employment which was insurable for all benefits under the Social Welfare Acts, 1952 to 1966, immediately before the date of the termination of his employment or had ceased to be ordinarily employed in employment which was so insurable in the period of two years ending on that date.

I therefore find this complaint under the Redundancy Payments Acts 1967 to 2014 succeeds and award the complainant a redundancy lump sum based on the following:

Date of Commencement:           4th September 2006

Date of Termination:                     31st December 2018

Gross Weekly Pay:                         €191.

This award is subject to the complainant having been in employment which is insurable for all purposes under the Social Welfare Consolidation Acts.  

This decision is based on uncontested evidence as the Respondent did not attend the hearing or make a submission to the Adjudication.

Dated:   8th January 2021

Workplace Relations Commission Adjudication Officer: Gerry Rooney

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