ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00031045
Parties:
| Complainant | Respondent |
Parties | Tara-lynne Wallace | Susan's Hair Salon |
| Complainant | Respondent |
Anonymised Parties | Tara-lynne Wallace | Susan’s Hair Salon |
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-00041224-001 | 23/11/2020 |
Date of Adjudication Hearing: 18/11/2021
Workplace Relations Commission Adjudication Officer: Gerard McMahon
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and 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. The hearing was conducted as a remote hearing in accordance with the relevant Workplace Relations Commission guidelines and with the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and Statutory Instrument 359/2020 which designates the Workplace Relations Commission as a body empowered to hold remote hearings.
Background:
The Complainant worked for the respondent from Feb. 1st, 2013 to Feb. 29th, 2020, when she was made redundant. Her weekly wage was €390 for a 24 hour week. Despite successive requests, she alleges that she was not paid her statutory redundancy entitlement. This case was scheduled for hearing on May 28th, 2021 and Nov. 18th, 2021. The respondent failed to attend at either scheduled hearing. The hearings were conducted in line with the appropriate guidelines and (related thereto) the claimant’s evidence was given/taken further to the appropriate administration of the relevant affirmation. |
Summary of Complainant’s Case:
The complainant was made aware in January 2020 that she was to be made redundant, as there was a decline in business within the respondent’s salon (n.b. supporting documentation provided). Her employment ceased on February 29th, 2020. Ms. Susan O Gorman (i.e. the respondent) told her that as there was no work for her, she would apply to the State for the appropriate statutory redundancy payment on her behalf (as the respondent was unable to pay the redundancy at the time). The claimant contended that this application was not submitted. Supporting documentation, dated May 6th, 2021 (from Mr. Vincent Drohan, Social Welfare Inspector) was presented in evidence. The claimants has still not received any redundancy payment and is due a payment of €5,850. |
Summary of Respondent’s Case:
Not applicable – respondent did not attend the hearings. All documentary evidence submitted by the respondent was accorded due consideration. |
Findings and Conclusions:
Based on the uncontested evidence presented by the claimant (under affirmation), with supporting documentation issued by the respondent and the Dept. of Social Protection, the claimant is due a statutory redundancy payment of €5,850. Notably, the case mirrors that of the complainant’s work colleague, which was the subject of ADJ-00030549, wherein it was stated that: ‘The Complainant gave oral evidence under affirmation and had relevant supporting documentation … Accordingly, I deem under Section 39 of the Redundancy Payments Act, 1967 that the Complaint CA--00040859-001 is Well Founded’. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint 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 claim is well founded, upheld and the (statutory redundancy sum) of €5,850 is awarded to the claimant. The Respondent is now ordered to make these payments to the Complainant within 42 days from the date of this notice. |
Dated: 25th February 2022
Workplace Relations Commission Adjudication Officer: Gerard McMahon
Key Words:
Redundancy |