ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00042378
Parties:
| Complainant | Respondent |
Parties | Ilona Andrijevska | Jazz Hair Studio Mark Kemple |
Representatives | Self-Represented | Self-Represented |
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-00053567-001 | 06/11/2022 |
Date of Adjudication Hearing: 18/04/2023
Workplace Relations Commission Adjudication Officer: Michael McEntee
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.
In deference to the Supreme Court ruling, Zalewski v Ireland and the WRC [2021] IESC 24 on the 6th of April 2021 the Parties were informed in advance that the Hearing would normally 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 all witnesses present. The legal perils of committing Perjury were explained to all parties.
There were no issues raised regarding confidentiality in the publication of the decision.
Background:
The issue in contention concerns the Redundancy claim of the Complainat against the former Employer. The employer has gone out of business and states that he has no funds to pay a Redundancy. The Complainant is making an Insolvent Employer claim against the Department of Social Protection seeking payment of the Redundancy.
The former employer is not contesting this claim.
The Complaint worker for 16 hours a week from the 7th June 2017 to the 30th June 2022.
The rate of pay was to be confirmed by the Parties but was assumed (for the purposes of the Adjudication) to be the Minimum Wage stated by the Irish Hairdressing Federation of €11.30 per hour applicable at 30th June 2022.
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1: Summary of Complainant’s Case:
The Complainant is seeking a WRC Adjudication decision that she is entitled to a Redundancy payment. She has received an RP50 from the Former Employer which she has passed to the Department of Social Protection. |
2: Summary of Respondent’s Case:
Respondent is not contesting this claim. He sent the RP50 to the Complainant as stated. He is not in a financial position to pay any redundancy. |
3: Findings and Conclusions:
Both Parties attended the Oral Hearing. They were reminded by the Adjudication officer that they were under Sworn Oath. The Respondent confirmed, under Oath, that the Redundancy was due to the Complainant but that the former business was effectively insolvent without any funds. He was questioned in detail by the Adjudicator on this point. His statements were accepted. Accordingly, an Adjudication Decision, under the Redundancy Payments Act,1967 granting Redundancy for the period of service from 7th June 2017 to the 30th June 2022 is made in favour of the Complainant. The Rate of Pay was taken to be to be the then (June 2022) minimum Wage of €11.30 stated by the Irish Hairdressing Federation. |
4: Decision:
CA-00053567-001
Section 41 of the Workplace Relations Act 2015 and 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.
An Adjudication Decision, under the Redundancy Payments Act,1967 granting Statutory Redundancy for the period of service from 7th June 2017 to the 30th June 2022 is made in favour of the Complainant.
The Rate of Pay was taken to be to be the then (June 2022) minimum Wage of €11.30 stated by the Irish Hairdressing Federation
Dated: 01/08/2023
Workplace Relations Commission Adjudication Officer: Michael McEntee
Key Words:
Redundancy, Insolvent Employer |