ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00050345
Parties:
| Complainant | Respondent |
Parties | Mrs Lesley Mannion | J & A Q Hair & Beauty |
Representatives | Self-represented | Declan Belton |
Complaint:
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-00061672-001 | 20/02/2024 |
Date of Adjudication Hearing: 16/05/2024
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 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.
Background:
The Complainant seeks statutory redundancy lump sum payment in accordance with the provisions of the Act.
Summary of Complainant’s Case:
The Complainant was employed as a Hairdresser/Stylist with the Respondent from 17th May 2017 to 29th July 2023. She is seeking her statutory redundancy entitlements. The Accountant from the former employer was dealing with the matter and recently provided her with a form to sign to be provided with the payment.
Summary of Respondent’s Case:
The Accountant for the Respondent explained the delay in seeking resolution of the matter and confirmed that the Respondent ceased trading on 31st July 2023 and liquidation was in process. He confirmed there are no funds to pay redundancies.
Findings and Conclusions:
Based on the information provided, I find that the Complainant meets the requirements of the Act to be provided with a statutory redundancy lump sum payment.
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.
I find that the complaint under the Redundancy Payments Acts, 1967 – 2012 is well-founded and that the complainant is entitled to a redundancy payment based on the following criteria:
Date of Commencement: 17th May 2017
Date of Termination: 29th July 2023
Gross Weekly Pay: €337.20
This award is made subject to the complainant having been in insurable employment under the Social Welfare Acts during the relevant period.
Dated: 20th May 2024.
Workplace Relations Commission Adjudication Officer: Gaye Cunningham
Key Words:
Redundancy, complaint well founded. |