RPD2118

FULL RECOMMENDATION

REDUNDANCY PAYMENTS ACTS, 1967 TO 2014

PARTIES :

MR ANTHONY MORAN

- AND -

MS MAGDALENA KANIK

DIVISION :

SUBJECT:

1.Appeal of Adjudication Officer Decision No(S) ADJ-00016437 CA-00020604-002

BACKGROUND:

2.The Employer appealed the Decision of the Adjudication Officer to the Labour Court on 9 December 2019 in accordance with the Redundancy Payments Acts 1967 to 2014. A Labour Court hearing took place on 12 October 2021. The following is the Determination of the Court:



DETERMINATION:

This is an appeal by Mr Anthony Moran ( the Respondent) against an Adjudication Officer’s Decision ADJ-00016437 given under the Redundancy Payments Act 1967(the Act) in a claim by Magdalena Kanik (the Complainant that she was entitled to redundancy payment. The Adjudication Officer held that the claim was well founded.

Background

The Complainant started working for the Respondent on 10^thSeptember 2012 at his gift shop in Dublin. On the 1^stMay 2017 the Complainant went on maternity leave. The Complainant’s maternity leave expired on the 31^stOctober 2017, and she was due back in work with effect from 1^stNovember 2017. The Complainant went on sick leave at that point and submitted medical certificates to cover her absence. The shop closed in early January and officially ceased trading on the 7th January 2018.

Complainant’s case

It is the Complainant’s case that she is entitled to statutory redundancy. The Complainant submitted that she was entitled to redundancy from 14^thMay 2018 when she sought to return to work. The Complainant confirmed that she was absent on sick leave from 1^stNovember 2017 and was not fit to return to work until May 2018.

Respondent’s case

The Respondent accepts that the Complainant is entitled to a redundancy payment. It is his submission that the date of redundancy is the 7th January 2018 when the Shop ceased trading

Discussion and Conclusions

The following facts are not in dispute between the parties, that the Complainant’s maternity leave ended on the 31st October 2017 and that the shop that she was working in prior to going on maternity leave ceased trading on the 7^thJanuary 2018.

Determination

The Court determines that the Appellant is entitled to a statutory redundancy payment on the following basis:

Commencement date 10^thSeptember 2012

Termination date 7^thJanuary 2018

Gross weekly wage €370.50

The decision of the Adjudication Officer is amended accordingly.

The Court so determines.

NOTE

Enquiries concerning this Determination should be addressed to Clodagh O'Reilly, Court Secretary.