Complainant

Respondent

Parties

Laila  Estrika

Shannonside Savouries Limited Limited Company

Representatives

  In person

 No attendance

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-00051396-001

28/06/2022

The Complainant worked for the Respondent as a bakery worker and was made redundant when the business closed. No redundancy payment was received prior to the Adjudication Hearing

The Complainant gave evidence under oath, with the assistance of an independent interpreter, as follows:

She commenced work with the Respondent on 15. 10. 2005

Her employment ended without notice on 31.3. 22 when the business closed down.

In the last three years of her employment, she had no breaks in service.

Her gross weekly pay was €234.00 for an average of 19.5 hours per week.

On the Friday before the Adjudication hearing (ie on 25 November 2022) the Complainant received a phone call from her former line manager on behalf of the Respondent who told her that the Respondent accepted that she had been made redundant and assured her that she would be paid her redundancy and that the Respondent would contact her directly on this.

The day before the Adjudication hearing the Complainant received an email from the WRC which had been sent by the Respondent. In it the Respondent attached a calculation of the Complainant’s redundancy and a photocopy of a cheque. However, the Complainant gave evidence that the Respondent’s calculation was incorrect in its starting date which referred to 2007 as opposed to 2005. It was also incorrect in that he applied a gross weekly salary of €264 instead of €234, which it should have been.  Nonetheless prior to the Adjudication hearing the Complainant had not received this cheque and now seeks a decision from the WRC.

The Respondent did not attend the hearing.

The Respondent emailed the WRC the day prior to the hearing stating that the redundancy payments had been made to all employees. He attached a cheque and a redundancy calculation in respect of the Complainant’s redundancy entitlement.

Based on the uncontested evidence of the Complainant, which was given under oath, I am satisfied that a redundancy situation existed, and that the Complainant is entitled to a redundancy payment based on having had insurable employment (under the Social Welfare Acts) for the duration of her employment and based on the following facts:

Commencement date: 15.10.05

End of Employment: 31.3.22

Gross weekly pay: € 234

In the event that a payment is made to the Complainant by the Respondent on a date between the Adjudication hearing and the date that this decision issues to the parties and that payment is less than the Complainant’s statutory entitlement as set out in this decision, the Respondent is obliged to ensure that the Complainant’s full statutory redundancy payment is paid to her.

This complaint is well-founded and the Complainant is entitled to a redundancy payment based on the following:

Complainant’s Commencement date: 15.10.05

End date of Complainant’s employment: 31.3.22

Complainant’s Gross weekly pay: € 234

Redundancy