ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00037132

Parties:

	Complainant	Respondent
Parties	Anne McAndrew	Camrue Catering Ltd t/a Becketts

Representatives

Self

John Delaney Director

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-00046959-001	03/11/2021

Date of Adjudication Hearing: 28/02/2023

Workplace Relations Commission Adjudication Officer: Marguerite Buckley

Procedure:

In accordance with Section 39 of the Redundancy Payments Acts 1967 - 2014 following 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.

This matter was heard by way of remote hearing pursuant to the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and SI 359/20206, which designates the WRC as a body empowered to hold remote hearings.

The Complainant gave evidence by affirmation. I allowed the right to test the oral evidence presented by cross examination.

The Parties were made aware that the Parties’ names would be published within the decision in accordance with Section 39(17B) of the Redundancy Payments Act 1967. All the evidence and documentation submitted by both Parties has been considered herein.

Background:

The Complainant was laid off due to the closure of the Respondents premises owing to Covid-19 restrictions. The Respondent accepted that she was owed her statutory redundancy.

Summary of Complainant’s Case:

The Complainant gave evidence confirming that she had been employed by the Respondent, a Boutique Hotel and Restaurant business from 20 February 1999. She was laid off on 15th March 2020 owing to Covid-19 restrictions. As the time, she was employed on a part time basis working varied hours but a minimum of 30 hours a week.

Having not received an RP50 Form or lump sum payment from the Respondent, the Complainant had submitted a completed RP9 Form to the Respondent on 20 September 2021 seeking statutory redundancy. As she did not receive a response, she referred this complaint to the WRC on 3 November 2021.

She disputed the calculations of the Respondent set out in a letter dated 22 February 2023 from the Respondent’s Accountant stating as follows: “The statutory redundancy payment owed is €8,145 based upon the employee’s start date and date of termination of employment” It also proposed that the Complainant would be contacted directly to arrange a payment schedule.

Summary of Respondent’s Case:

The Respondents case was that it had only limited documentary evidence available and had made its calculations based on same.

Findings and Conclusions:

Based on the Complainant's oral evidence and documentary evidence provided to me, I accept that her start date was 20 February 1999.

I further accept that her average weekly wage was €360.13 based on the tax documentation furnished to me.

It was agreed that the Complainant was employed by the Respondent and was laid off from 16th March 2020 owing to Covid-19 restrictions.

I find that the Complainant meets all the criteria required to entitle her to payment of a statutory redundancy lump sum pursuant to the Redundancy Payments Acts 1967-2014.

Whilst layoff is non-reckonable service, the Covid-19 related Lay-Off Scheme is available to employees who have been made redundant since 13th March 2000 and before 31st January 2022 and have lost the opportunity to build reckonable service due to temporary lay-off/s caused by Covid-19 restrictions within that period as occurred in this case.

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.

This complaint is well founded. I make the following award

Gross Weekly Pay: €306.13

Date of Commencement of Employment: 20 February 1999

Period of Covid-19 related lay-off: 16th March 2020 – 20 September 2021

Date of Termination of Employment: 27 September 2021

This award is made subject to the Complainant having been in insurable employment under the Social Welfare Acts for the relevant period, being a matter for the Department of Social Protection.

Dated: 08-03-2023

Workplace Relations Commission Adjudication Officer: Marguerite Buckley

Key Words:

Claim for Statutory Redundancy - Section 39 of the Redundancy Payments Act 1967.