CORRECTION ORDER
ISSUED PURSUANT TO SECTION 41 OF THE WORKPLACE RELATIONS ACT 2015
This Order corrects the original Decision 46972 issued on 03.11.2023 and should be read in conjunction with that Decision.
Parties:
| Complainant | Respondent |
Parties | Caroline Hughes | F. Lafferty & Co. F. Lafferty & Co |
Representatives | Geraldine Duffy NCUCIS Monaghan Citizens Information Centre | Thomas Ryan Peninsula |
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-00057794-001 | 19/07/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00057794-002 | 19/07/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00057794-003 | 19/07/2023 |
Date of Adjudication Hearing: 03/11/2023
Workplace Relations Commission Adjudication Officer: Niamh O'Carroll
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.
Background:
The Complainant withdrew CA-00057794-002 and CA-00057794-003 |
Summary of Complainant’s Case:
CA-00057794-001 The Complainant affirmed and gave her evidence as follows: The Complainant commenced working for the Respondent on the 20.07.1991. Her employment ceased on the 31.03.2023 when her position was made Redundant. She worked two days a week, sixteen hours in total, and was paid € 239.58 gross per week. |
Summary of Respondent’s Case:
The Respondent is not contesting the claim. Unfortunately, there are no funds available to pay the Complainant’s redundancy. |
Findings and Conclusions:
Having heard evidence from the Complainant and submissions from the Respondent’s representative, Mr. Wall, I am satisfied that the Complainant’s role within the Respondent entity was made redundant and her employment ceased on the 31.03.2023. The Complainant is entitled to a redundancy payment based on the following: Start date: 20.07.1991 End date: 31.03.2023 Salary: €239.58 per week. |
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.
The complaint is well founded. The Complainant is entitled to a redundancy payment on the terms set out above. |
Dated: 03/11/2023
Workplace Relations Commission Adjudication Officer: Niamh O'Carroll
Key Words:
Redundancy. Uncontested. Lack of Funds. |
ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00046972
Parties:
| Complainant | Respondent |
Parties | Caroline Hughes | F. Lafferty & Co. F. Lafferty & Co |
Representatives | Geraldine Duffy NCUCIS Monaghan Citizens Information Centre | Thomas Ryan Peninsula |
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-00057794-001 | 19/07/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 12 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00057794-002 | 19/07/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under section 27 of the Organisation of Working Time Act, 1997 | CA-00057794-003 | 19/07/2023 |
Date of Adjudication Hearing: 03/11/2023
Workplace Relations Commission Adjudication Officer: Niamh O'Carroll
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.
Background:
The Complainant withdrew CA-00057794-002 and CA-00057794-003 |
Summary of Complainant’s Case:
CA-00057794-001 The Complainant affirmed and gave her evidence as follows: The Complainant commenced working for the Respondent on the 22.07.1999. Her employment ceased on the 31.03.2023 when her position was made Redundant. She worked two days a week, sixteen hours in total, and was paid € 239.58 gross per week. |
Summary of Respondent’s Case:
The Respondent is not contesting the claim. Unfortunately, there are no funds available to pay the Complainant’s redundancy. |
Findings and Conclusions:
Having heard evidence from the Complainant and submissions from the Respondent’s representative, Mr. Wall, I am satisfied that the Complainant’s role within the Respondent entity was made redundant and her employment ceased on the 31.03.2023. The Complainant is entitled to a redundancy payment based on the following: Start date: 22.07.1999 End date: 31.03.2023 Salary: €239.58 per week.
|
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.
The complaint is well founded. The Complainant is entitled to a redundancy payment on the terms set out above. |
Dated: 03/11/2023
Workplace Relations Commission Adjudication Officer: Niamh O'Carroll
Key Words:
Redundancy. Uncontested. Lack of Funds. |