ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00036051
Parties:
| Complainant | Respondent |
Parties | Caroline Allen | Camrue Catering Limited |
Representatives |
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Complaint:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 39 of the Redundancy Payments Act 1967 | CA-00047184-001 | 15/11/2021 |
Date of Adjudication Hearing: 10/11/2022
Workplace Relations Commission Adjudication Officer: Kara Turner
Procedure:
This complaint pursuant to section 39 of the Redundancy Payments Act 1967 was referred to the Workplace Relations Commission on 15 November 2021. Following referral to me for adjudication 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.
A hearing was scheduled for 27 September 2022. Ms Caroline Allen and her husband attended the hearing on that date but there was no attendance by or on behalf of the Respondent. On review of notifications from the Workplace Relations Commission to the Respondent of the complaint and hearing arrangements, I identified issues with service arising from the closure of the Respondent’s premises at its registered address. In the circumstances, I requested the hearing be rescheduled and a further hearing was convened on 10 November 2022.
On 7 November 2022, the Respondent submitted a letter confirming a redundancy situation and providing details of the statutory redundancy payment owed. The Respondent’s request on the aforementioned date for a hybrid hearing was facilitated.
Ms Caroline Allen and her husband attended the hearing with me in Lansdowne House on 10 November 2022 and Ms Vanessa Goode logged in remotely on behalf of the Respondent.
There was consent to an amendment of the Respondent’s name to ‘Camrue Catering Limited’ and an updated contact address was provided by the Respondent.
The hearing was held in public and the parties were made aware that their names would be published in this decision.
Sworn evidence was not required at the hearing on 10 November 2022 as the complaint was uncontested by the Respondent.
Background:
The Complainant was employed as a duty manager with the Respondent. She was laid off on 15 March 2020 due to COVID-19 restrictions.
On 7 November 2022, the Respondent confirmed in correspondence to the Workplace Relations Commission that a redundancy situation arose in this case and stated the amount of the statutory redundancy payment owed. It further advised that it intended contacting the Complainant directly “with regard to a payment schedule for the amount owed”. |
Summary of Complainant’s Case:
The Complainant commenced employment with the Respondent on 12 September 1997. She was was laid off on 15 March 2020 due to COVID-19 restrictions. The Complainant submitted payslips evidencing her normal weekly remuneration as €520.00 gross per week. The Complainant completed an RP9 form which she sent by registered post to the Respondent on 30 September 2021. The Complainant did not receive any communication from the Respondent regarding her employment or any response to her RP9 notification. The Complainant confirmed that she wished to proceed with the adjudication of her complaint. |
Summary of Respondent’s Case:
The Respondent conceded the fact of redundancy and did not dispute that the Complainant was entitled to a redundancy payment. The Complainant’s employment dates and normal weekly remuneration were accepted by the Respondent at the hearing. |
Findings and Conclusions:
This complaint concerns payment of a statutory redundancy lump sum. It was accepted that the Complainant was employed by the Respondent from 12 September 1997 and was laid off on 15 March 2020. It was further accepted that the Complainant’s normal weekly remuneration at the material time was €520.00 gross per week. The Complainant gave the Respondent notice in writing of her intention to claim redundancy on 30 September 2021. The Complainant did not receive from the Respondent a response or counter-notice to her notice of intention to claim. In the circumstances, the Complainant referred the within complaint to the Workplace Relations Commission. The fact of redundancy and the Complainant’s entitlement to the statutory redundancy lump sum payment was not disputed by the Respondent at the hearing. I am satisfied that the Respondent had not paid any monies to the Complainant in respect of her redundancy at the time of the hearing on 10 November 2022. In the circumstances, I find that the Complainant is entitled to a statutory redundancy payment pursuant to section 7 of the Redundancy Payments Act 1967. |
Decision:
Section 39 of the Redundancy Payments Acts 1967 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act. I find that the Complainant’s complaint is well-founded and that she is entitled to a lump-sum payment pursuant to the Redundancy Payments Act 1967 based on the following criteria:- Date of Commencement of Employment: 12 September 1997 Period of COVID-19 related lay-off: 16 March 2020 – 30 September 2021 Date of Termination of Employment: 7 October 2021 Gross weekly wage: €520.00 and subject to the Complainant having been in insurable employment under the Social Welfare Acts during the relevant period.
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Dated: 22nd November 2022
Workplace Relations Commission Adjudication Officer: Kara Turner
Key Words:
Claim for statutory redundancy payment – section 39 Redundancy Payments Act 1967 |