ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00045196
Parties:
| Complainant | Respondent |
Parties | Agnes Tinney | St Johnston Retailers Ltd |
| Complainant | Respondent |
Anonymised Parties | {text} | {text} |
Representatives | Aisling Dunne SIPTU | No appearance |
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-00055922-001 | 04/04/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00055922-002 | 04/04/2023 |
Date of Adjudication Hearing: 04/12/2023
Workplace Relations Commission Adjudication Officer: Emile Daly
In accordance with Section 41 of the Workplace Relations Act, 2015 and/or Section 39 of the Redundancy Payments Acts 1967 - 2014following 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.
Background:
The Respondent was a grocery and newsagent business. It ceased trading on 6.10.2022 on which date all employment by the Respondent ceased.
The Complaint is for a redundancy payment and a minimum notice payment |
Summary of Complainant’s Case:
The Complainant gave evidence under oath: Redundancy CA 00055922-001 The Complainant started working for the Respondent on 19 September 2002 Her employment ended when the Respondent ceased trading on 6 October 2022. She received no redundancy payment. The Respondent has not engaged with the Complainant or her representative. She seeks that she be paid her statutory redundancy entitlement based on a gross weekly salary of €180.00. Her PRSI contributions were always paid during her employment. Minimum Notice: CA 00055922-002 The Complainant worked for the Respondent in excess of 22 years. She was not paid minimum notice when her employment ended. She seeks an award of €1440 (8 weeks) based on a gross weekly salary of €180. 00. The Complainant relies on a letter dated 10 October 2022 that was issued by the Respondent’s accountant, David Donaghy and Co. Ltd, which confirmed that the Respondent ceased trading and the Complainant’s employment ended on 6 October 2022. |
Summary of Respondent’s Case:
No appearance on or on behalf of the Respondent |
Findings and Conclusions:
Redundancy CA 00055922-001 Based on the uncontested evidence of the Complainant, which was given under oath, I am satisfied that a redundancy situation arose when the Respondent ceased trading on 6 October 2022 and that as of the date of the Adjudication hearing that she had not been paid a redundancy payment. I find that the Complainant is entitled to a redundancy payment based on having had insurable employment (under the Social Welfare Acts) for the duration of her employment and based on the following facts: Commencement date: 19 September 2002 End of Employment: 6 October 2022 Gross weekly pay: € 180 Minimum Notice CA 00055922-002 Based on the uncontested evidence of the Complainant, which was given under oath, I am satisfied that the Complainant was not given notice that her employment would end on 6 October 2022. I am satisfied that she is entitled to be paid minimum notice based on the following information: Commencement date: 19 September 2002 End of Employment: 6 October 2022 Minimum Notice Entitlement based on service: 8 weeks Gross weekly pay: € 180 I find this complaint to be well founded and I award the Complainant €1440.00 |
Decision:
Section 41 of the Workplace Relations Act 2015 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.
Redundancy CA 00055922-001 This complaint is well founded. I find that the Complainant is entitled to a redundancy payment based on having had insurable employment (under the Social Welfare Acts) for the duration of her employment and based on the following facts: Commencement date: 19 September 2022 End of Employment: 6 October 2022 Gross weekly pay: € 180 Minimum Notice CA 00055922-002 This complaint is well founded. I award the Complainant €1440.00 |
Dated: 07/12/23
Workplace Relations Commission Adjudication Officer: Emile Daly
Key Words:
Redundancy - Minimum Notice |