ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00030537
Parties:
| Complainant | Respondent |
Parties | Edwina Bradley | Johnnies Fish And Chip |
| Complainant | Respondent |
Representatives | Self-Represented | Did not attend |
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-00040719-001 | 01/11/2020 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00040719-002 | 01/11/2020 |
Date of Adjudication Hearing: 15/08/2022
Workplace Relations Commission Adjudication Officer: Michael McEntee
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015, Section 8 of the Unfair Dismissals Acts, 1977 – 2015 and Section 39 of the Redundancy Payments Act,1967 following the referral of the complaints 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 complaints.
As the Respondent party did not attend at the Hearing (and I was satisfied that they had been properly notified) the Legal ground rules following the Supreme Court Zalewski v Ireland and the WRC [2021] IESC 24 on the 6th April 2021were explained to the Complainant.
In deference to the Supreme Court ruling, the Complainant was informed in advance that the Hearing would be in Public, Testimony under Oath or Affirmation would be required and full cross examination of all witnesses would be provided for.
The required Affirmation / Oath was administered to the Complainant. The legal peril of committing Perjury was explained.
The issue of confidentiality was discussed and as no major reasons for same were raised, the Finding will be published as a public document.
Unfortunately, due to Covid 19 difficulties, the preparation of the Adjudication finding was delayed.
Background:
The issues in contention concern the ending of the employment of the Complainant from a Fish and Chip Shop in Co. Kildare. The employment began on the 21 May 2018 and ended, as stated by the Complainant, on the 23rd of July 2020. The exact end date was a matter of some discussion as the employer had stated to the employee that it was the 20th of March 2020, the start of the Covid lockdown.
Time Limits: For the avoidance of doubt, in view of the contested end date of employment, the Adjudication Officer accepted the claim as valid and allowed the additional six months referral time, if necessary. |
1: Summary of Complainant’s Case:
1:1 CA 00040719-001 Redundancy Payments Act claim. The Complainant had worked in the Shop without incident from the 21st May 2018. The Shop closed, due to Covid, on the 20th March 2020. The Complainant understood she was laid off. On the 23rd July 2020 she was contacted by the Employer to say that the Shop was being “taken over” and that she no longer had a position with the Employer. She received her outstanding Holiday Pay on the 16th October 2020. Redundancy was declined as she did not have, it was alleged by the Employer, the required Two Years’ service. This Respondent evidence was relayed from memory by the Complainant. On investigating her Dept of Social Protection (DSP) records the Complainant discovered that she had been terminated by the Employer from the DSP records on the 22nd May 2020. She contested this point as she was not notified of the ending of employment until the 23rd July 2020. It was important to note that the Complainant stated under Oath that she had been promised Redundancy in the 23rd July 2020 phone call from Mr John K, the then Shop Owner. It was only when she received her Holiday Pay on the 16th October 2020 that the Redundancy payment was refused. A hand written note to this effect, from Ms JK, a colleague of Mr John K, was presented in evidence. None of this evidence, given under Oath, was contested by the Respondent. The Complainant was seeking a redundancy Payment for the period from 21st May 2018 to the 23rd July 2020. 1:2 CA-00040719-002 Unfair Dismissals Act claim. The Complainant was dismissed she maintained without any contact or consultation from the Respondent save a text message /phone call of the 23rd July 2020. No employment procedures of any description were followed.
She was seeking an award of compensation for her Dismissal.
|
2: Summary of Respondent’s Case:
No evidence ether by way of Submission or Oral Testimony was presented by the Respondent. The Complainant in her Testimony related, what she remembered, of what the Respondent had stated to her. |
3: Findings and Conclusions:
3:1 CA 00040719-001 Redundancy Payments Act,1967 claim On the basis of the uncontested sworn Testimony of the Complainant and the payroll details submitted ,both of which were questioned/examined closely by the Adjudication Officer, the decision has to be to award Statutory Redundancy to the Complainant. The effective dates are from a commencement date of the 21st of May 2018 to an end of employment date of the 23rd July 2020. The rate of pay stated was a weekly gross of €252. 3:2 CA- 00040719--002 Unfair Dismissals Act 1977 claim As the Complainant has been successful in her Redundancy claim she indicated, in oral Testimony, under Oath ,that in this event, she would be agreeable to withdraw her UD Act claim. The UD Act claim CA -00040719—002 is accordingly deemed withdrawn |
4: Decision:
Section 41 of the Workplace Relations Act 2015, Section 8 of the Unfair Dismissals Acts, 1977 – 2015 and Section 39 of the Redundancy Payments Act,1967 require that a decision is made in relation to the complaints in accordance with the relevant redress provisions of the cited Acts.
4:1 CA- 00040719-001 Redundancy Payments Act,1967
Statutory Redundancy from a commencement date of the 21st of May 2018 to an end of employment date of the 23rd July 2020 is awarded in favour of the Complainant.
The rate of pay stated was a weekly gross of €252.
4:2 CA - 00040719--002 Unfair Dismissals Act 1977 claim.
This Complaint is deemed withdrawn on the sworn evidence of the Complainant.
Dated: 18th November 2022
Workplace Relations Commission Adjudication Officer: Michael McEntee
Key Words:
Redundancy, Unfair Dismissal, Non-Appearance of Respondent. |