ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00035474
Parties:
| Complainant | Respondent |
Parties | Nicky Corrigan | Camrue Catering Ltd |
Representatives | Complainant | John Delaney |
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-00046653-001 | 12/10/2021 |
Date of Adjudication Hearing: 21/07/2022
Workplace Relations Commission Adjudication Officer: Janet Hughes
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015Section 39 of the RedundancyPayments Acts 1967 - 2014following the referral of the dispute to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
Background:
This case is concerned with a claim for redundancy pay on closure of the business due to Covid in March 2020. The Respondent concedes the claim. This is the decision on the appeal of non-payment confirming that the redundancy appeal is upheld. |
Summary of Complainant’s Case:
Date of Commencement 28 November 2010 Last day worked 15.03.2020 followed by lay off on PUP. Application for redundancy was made following the removal of restrictions on making claims related to Covid-19. The RP9 form was submitted but there was no response. The respondent’s calculation of the amount due is accepted |
Summary of Respondent’s Case:
The business did not re-open after March 2020. The claim is conceded (see letter to WRC 19 July 2022) The amount owed is €13619 |
Findings and Conclusions:
As there is no dispute as the validity of the claim or the amount owed the purpose of this decision is to record that the appeal is upheld. The payment due was verified against the Department of Social Protection Calculator. The period while the Complainant was on PUP is excluded from the calculation. |
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.
CA-00046653-01 The appeal by Nicky Corrigan against non-payment of redundancy pay by Camrue Catering Ltd is upheld. The following are the details for the calculation of the amount due to Mr Corrigan: Gross pay €614 Date of commencement: 28.11.2010 Date of lay off (followed by PUP)15.03.2020 which is the date of redundancy for the purposes of the redundancy calculation
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Dated: 22nd July 2022
Workplace Relations Commission Adjudication Officer: Janet Hughes
Key Words:
Redundancy-Covid closure |