ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00035445

Parties:

	Complainant	Respondent
Parties	Stacy Murphy	Valerie Mulligan t/a Bo-peeps Creche

Representatives

In person

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-00046605-001	09/10/2021

Date of Adjudication Hearing: 08/04/2022

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 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 Complainant’s employment with the Respondent began on 10th May 2010, she was employed as a Child Care Practitioner and worked 20 hours per week at a rate of pay of €11 per hour i.e €220 per week gross.

Employment ended on 25th June 2021 when the creche closed.

This complaint was received by the Workplace Relations Commission on 9th October 2021.

Summary of Complainant’s Case:

The Complainant did not receive a statutory redundancy payment when her employment ceased and has lodged this complaint with the Workplace Relations Commission.

Summary of Respondent’s Case:

The Respondent, who attended the hearing of the complaint informed the hearing that from a financial point of view the creche could not remain open and that they had lost the premises. She was not in a position financially to pay statutory redundancy to the Complainant.

Findings and Conclusions:

The Complainant is entitled to a statutory redundancy payment. Such payment should be calculated in accordance with the following information:

Employment commenced on 10th May 2010.

Employment ended on 25th June 2021.

Weekly hours worked was 20 hours.

Weekly pay was €220 gross.

The complaint as submitted under the Redundancy Payments Act, 1967 is well founded and I now order the Respondent to make this statutory redundancy payment to the Complainant.

Such payment should be made 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)/dispute(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.

The complaint as submitted under the Redundancy Payments Act, 1967 is well founded and I now order the Respondent to make this statutory redundancy payment to the Complainant.

Dated: 13th April 2022

Workplace Relations Commission Adjudication Officer: Jim Dolan

Key Words:

Redundancy Payments Act, 1967