ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00037628
Parties:
| Complainant | Respondent |
Parties | Veronika Urgeova | Helske Energy Save Limited |
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 6 of the Payment of Wages Act, 1991 | CA-00048852-001 | 28/02/2022 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00048852-002 | 28/02/2022 |
Date of Adjudication Hearing: 15/11/2022 and 03/03/2023
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 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.
Although I am satisfied that the Respondent was on notice of the hearing, they did not attend on either day and did not make any written submissions in advance.
Background:
The Complainant stated that although her employment was terminated on the grounds of redundancy on 31 October 2021, she did not receive a redundancy payment. |
Summary of Complainant’s Case:
The Complainant stated that her employment with the Respondent began on 15 March 2019 and she was paid €614.88 gross per week. Her position was terminated on the grounds of redundancy on 31 October 2021. Although the Respondent promised to pay her statutory redundancy entitlements, she did not receive same. When she subsequently followed up with the Respondent, she did not receive any reply. |
Summary of Respondent’s Case:
The Respondent did not attend the hearing on either day and did not make any written submissions in advance. |
Findings and Conclusions:
THE LAW Section 7(2) of the Redundancy Payments Act, 1967, states: For the purposes of subsection (1), an employee who is dismissed shall be taken to have been dismissed by reason of redundancy if for one or more reasons not related to the employee concerned the dismissal is attributable wholly or mainly to – (a) The fact that his employer has ceased, or intends to cease, to carry on the business in the place where the employee was so employed, or (b) The fact that the requirements of that business for employees to carry out work of a particular kind in the place where he was so employed have ceased or diminished or are expected to cease or diminish. (c) the fact that his employer has decided to carry on the business with fewer or no employees, whether by requiring the work for which the employee had been employed (or had been doing before his dismissal) to be done by other employees or otherwise, or (d) the fact that his employer has decided that the work for which the employee had been employed (or had been doing before his dismissal) should henceforward be done in a different manner for which the employee is not sufficiently qualified or trained, or (e) the fact that his employer has decided that the work for which the employee had been employed (or had been doing before his dismissal) should henceforward be done by a person who is also capable of doing other work for which the employee is not sufficiently qualified or trained. FINDINGS Having heard the Complainant’s uncontradicted evidence, I am satisfied that she was dismissed by reason of redundancy and is entitled to a redundancy payment pursuant to the Redundancy Payments Acts 1967-2014. |
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 – 2014 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.
CA-00048852-001: This complaint was withdrawn. CA-00048852-002: 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 – 2014 based on the following criteria: - Date of commencement: 15 March 2019 - Date of termination: 31 October 2021 - Gross weekly wage: €614.88 This award is made subject to the Complainant having been in insurable employment under the Social Welfare Acts during the relevant period. |
Dated: 6th March 2023
Workplace Relations Commission Adjudication Officer: Breiffni O'Neill
Key Words:
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