ADJUDICATION OFFICER DECISION.
Adjudication Reference: ADJ-00034295
Parties:
| Complainant | Respondent |
Parties | Siobhan Corbally | John Dunne t/a Seamus Ennis Cafe |
Representatives | In person | Anna Rosa Raso ESA Consultants |
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-00045294-001 | 21/07/2021 |
Date of Adjudication Hearing: 10/05/2022
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 worked for the Respondent from 4th June 2012 until 4th July 2021 when the business closed. This complaint was received by the Workplace Relations Commission on 21st July 2021. |
Summary of Complainant’s Case:
The Complainant’s employment came to an end when the business closed. She is aware that she was entitled to a statutory redundancy payment. |
Summary of Respondent’s Case:
The Respondent accepts that the Complainant is entitled to a redundancy payment but does not have the financial capability to make such a payment. |
Findings and Conclusions:
The Complainant is due a statutory redundancy payment calculated against the following information: Date of commencement of employment: 4th June 2012. Date of notice given by Respondent: 23rd June 2021. Date employment ended: 4th July 2021. Number of hours worked per week: 29 Gross weekly wage paid: €348.00. The former employer (the Respondent) is not in a position to pay the Complainant her statutory entitlement to a redundancy payment. I now order the Respondent to make the redundancy payment to the Complainant. Such payment should be made within 42 days of 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 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.
As above. |
Dated: 16th May 2022
Workplace Relations Commission Adjudication Officer: Jim Dolan
Key Words:
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