ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00030512
Parties:
| Complainant | Respondent |
Parties | Juliet Murphy | J+M Chocolate The Coach House |
Representatives | None | None |
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-00040424-001 | 15/10/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00040424-002 | 15/10/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00040424-003 | 15/10/2020 |
Date of Adjudication Hearing: 08/06/2021
Workplace Relations Commission Adjudication Officer: Jim O'Connell
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.
This matter was heard by way remote hearing pursuant to the Civil law and Criminal Law (miscellaneous Provisions) Act 2020 and SI 359/20206, which designates the WRC as a body empowered to hold remote hearings.
No objection was raised to the remote hearing.
The parties were advised that arising from the Supreme Court judgement in the Zalewski v Adjudication Officer and WRC (2021) IESC 24 it is necessary for Adjudication Officers to implement certain procedural changes with immediate effect in relation to the conduct of hearings pending the introduction of the required legislative amendments to address the issues.
Therefore, I wish to confirm that the following procedural changes are applicable to the hearing of all complaints being heard now, even if they were lodged before the 6th of April,21.
In this regard, the parties should note that all adjudication hearings are now open to the public, other than where the investigation of the complaint does not amount to the administration of justice.
CA-00040424-001
Background
The complainant was employed by the respondent, and she is seeking redundancy payment.
Complainant position
The complainant was employed by the respondent from the 3rd December 2013 until the 28th September 2019 when she was given notice of redundancy.
She stated that she worked an average of 40 hours per week, and she was paid €362 gross per week.
The complainant stated that the respondent filled out the redundancy form for her, however, in the letter dated the 21st November 2019 she received a letter form the accounts M.J. Power & Company accountants for the respondent advised that he was unable to pay the redundancy to employees.
Findings
CA-00040424-002
Ca-00040424-003
The above CA numbers were withdrawn at the hearing.
The respondent or his representative did not show.
A letter from the respondent’s accountant dated 1st November 2019 stated that the respondent could not pay redundancy to his employees.
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 the complaint to be well founded and I confirm that the claimant is entitled to her redundancy payment in accordance with her reckonable service. i.e., from the 3rd December 2013 until the 28th October 2019 subject to the claimant having been in insurable employment for the relevant period under the Social Welfare Acts.
Dated: July 19th 2021
Workplace Relations Commission Adjudication Officer: Jim O'Connell
Key Words:
redundancy |