ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00036776
Parties:
| Complainant | Respondent |
Parties | Michelle Flynn Smyth | Camrue Catering Becketts Hotel & Restaurant |
Representatives |
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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-00048134-001 | 13/01/2022 |
Date of Adjudication Hearing: 22/09/2022
Workplace Relations Commission Adjudication Officer: Breiffni O'Neill
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 39 of the Redundancy Payments Acts 1967 - 2014following 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.
Specifically, I conducted a remote hearing in accordance with the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and Statutory Instrument 359/2020 which designates the Workplace Relations Commission as a body empowered to hold remote hearings.
The Complainant as well as John Delaney from DLT Chartered Accountants, on behalf of the Respondent, attended the remote hearing. As there was no dispute on the facts, it was not necessary to take sworn evidence.
Background:
The Complainant commenced her employment in a front of house role on 13 October 2005 where she earned €297 per week at the time of her temporary lay-off in March 2020. She stated that she did not receive the redundancy amount to which she is entitled following her request for the payment in September 2021. |
Summary of Complainant’s Case:
Having been temporarily laid off on 15 March 2020 as a result of the Covid pandemic, the Complainant completed an RP 9 form on 30 September 2021 to claim her redundancy amount but has not received the payment. |
Summary of Respondent’s Case:
The Respondent’s representative stated that the company could not afford to make the redundancy payment as a result of losses incurred during the pandemic. |
Findings and Conclusions:
As the facts were not disputed, I find that the Complainant is entitled to a statutory redundancy lump sum payment. |
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.
I allow the Complainant’s appeal and find that she is entitled to a statutory redundancy lump sum payment under the Redundancy Payment Acts 1967 – 2012 based on the following criteria: - Date of commencement: 13 October 2005 - Date of termination: 30 September 2021 - Gross weekly wage: €297 - Non-reckonable break in service: 16 March 2020 - 30 September 2021 This award is made subject to the Complainant having been in insurable employment under the Social Welfare Acts during the relevant period. |
Dated: 7th October 2022
Workplace Relations Commission Adjudication Officer: Breiffni O'Neill
Key Words:
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