Complainant

Respondent

Anonymised Parties

An Employee

An Employer

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-00041649-001

21/12/2020

Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994

CA-00041649-002

21/12/2020

Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973

CA-00041649-003

21/12/2020

Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997

CA-00041649-004

21/12/2020

The parties confirmed at the commencement of the hearing that there was no conflict in relation to the evidence in the case and that they were happy to proceed in private and in the absence of taking the oath.

The Complainant withdrew CA 41649 -002 and CA 41649 004.

The Complainant commenced working for the Respondent on 01.12.2012.  She was a shop assistant. She was paid €385 per week. On 05.06.2020 the Respondent told the Complainant that she had to close the shop due to lack of business. The Complainant was on sick leave at the time. The Complainant, to date, has not received her Redundancy payment.

The Respondent does not contest the Complainant’s evidence. She was forced to close the shop due to lack of business. She told the Complainant on the 05.06.2020. She was on sick leave at the time. She has no money to pay the Complainant’s redundancy. She did get the relevant forms from the Revenue and filled those out for the Complainant so that she could claim her redundancy from the Social Welfare.

CA 41649 – 001

19.—  (1) Upon the dismissal by reason of redundancy of an employee who is entitled under this Part to redundancy payment, or where by virtue of section 12 an employee becomes entitled to redundancy payment, his employer shall pay to him an amount which is referred to in this Act as the lump sum.

The Respondent accepts the Complainant’s evidence that her position was made Redundant when the Respondent had to close her shop. She also accepts that no payment has been made to the Complainant for her redundancy.

I am satisfied that the Complainant is entitled to a redundancy payment based on the following information.

Commencement date:    01.12.2012

Termination date:            03.07.2020

Gross weekly pay:            €385.00

CA 41649 – 003

I am satisfied based on the uncontested evidence of the Complainant that she did not received her minimum notice payment when she her position was made redundant.

Minimum period of notice.

4.—  (1) An employer shall, in order to terminate the contract of employment of an employee who has been in his continuous service for a period of thirteen weeks or more, give to that employee a minimum period of notice calculated in accordance with the provisions of subsection (2) of this section.

(2) The minimum notice to be given by an employer to terminate the contract of employment of his employee shall be—

( b) if the employee has been in the continuous service of his employer for two years or more, but less than five years, two weeks,

 The complainant’s complaint is well founded. Pursuant to Section 4 (2) (b) the Complainant is entitled to two weeks’ notice amounting to € 770.00

CA 41649 – 001 The complaint is well founded. The complainant is entitled to a redundancy payment based on the information set out above.

CA 41649 – 003. The complaint is well founded. I award the complainant €770.00.

Redundancy. Minimum Notice.