ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00042325

Parties:

	Complainant	Respondent
Parties	Maureen Whelan	Claire Noble

Representatives

Self-represented

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-00052945-001	23/09/2022

Date of Adjudication Hearing: 28/03/2023

Workplace Relations Commission Adjudication Officer: Kevin Baneham

Procedure:

On the 23rd September 2022, the complainant referred a complaint to the Workplace Relations Commission pursuant to the Redundancy Payments Act. The complaint was scheduled for adjudication on the 28th March 2023, and this took place remotely. The complainant and the respondent were both in attendance.

In accordance with section 39 of the Redundancy Payments Acts 1967 - 2022following 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.

Summary of Complainant’s Case:

The complainant outlined that her employment commenced on the 13th March 2012 and ended on the 3rd September 2022. She worked 10 hours per week and was paid €100 per week. The complainant outlined that the respondent did not close during the Covid-19 pandemic, and she worked through this period. There was no period of lay-off.

Summary of Respondent’s Case:

The respondent outlined that the business had closed, and the complainant was made redundant.

Findings and Conclusions:

It was not in dispute that the complainant was made redundant, and she is, therefore, entitled to her redundancy lump sum payment in accordance with the Redundancy Payments Act.

I decide that the complainant is entitled to a redundancy lump sum payment pursuant to the Redundancy Payments Act, in accordance with the following criteria:

Employment start date: 13th March 2012

Employment end date: 3rd September 2022

Gross weekly remuneration: €100

Applying the redundancy calculator, the complainant is entitled to a lump sum of €2,198.

This award is made subject to the complainant having been in insurable employment under the Social Welfare Acts during the relevant period.

Decision:

Section 39 of the Redundancy Payments Acts 1967 – 2022 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.

CA-00052945-001