ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00028020
Parties:
| Complainant | Respondent |
Parties | Elaine Mathews | NHC Construction Ltd Nhc Construction |
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-00035934-001 | 29/04/2020 |
Date of Adjudication Hearing: 15/04/2021
Workplace Relations Commission Adjudication Officer: Pat Brady
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.
Summary of Complainant’s Case:
The complainant received written notice of redundancy on Tuesday 10th March 2020.
She was told by her employer that his accountant and tax advisor would review her package to make sure all was correct and when this was done he would present it to her.
After a week she asked for the package, but she did not succeed in getting it.
With her final written communication from the respondent received on 6th April 2020 he also confirmed that she would be getting a statutory payment but not having received a payment she referred it to the WRC.
The date of commencement of her employment is July 3rd 2017 and the employment terminated on March 23rd 2020. |
Summary of Respondent’s Case:
The respondent did not dispute the essential elements of the complainant’s claim. |
Findings and Conclusions:
This complaint became entangled in a somewhat more complicated, related complaint involving this complainant’s brother. In respect of that other complaint, (which is the subject of a separate adjudication) the parties were in dispute about commencement date of the employment. This complaint appears to have become ‘collateral damage’ as a result of that dispute. However, there is no dispute either as to the fact of redundancy or to the complainant’s entitlement to a payment and her complaint is well-founded, |
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.
Complaint CA-00035934-001 is well founded and the complainant is entitled to a statutory payment as provided for in the Redundancy Payments Acts 1967-2012 based on her service from July 3rd 2017 to March 23rd 2020. |
Dated: 19th July 2021
Workplace Relations Commission Adjudication Officer: Pat Brady
Key Words:
Redundancy payment. |