ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00047652
Parties:
| Complainant | Respondent |
Parties | Aishling Howe | Maynooth Day Nursery |
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-00058373-001 | 17/08/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00058373-002 | 17/08/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 11A of the Protection of Employment Act 1977 | CA-00058373-003 | 17/08/2023 |
Date of Adjudication Hearing: 24/01/2024
Workplace Relations Commission Adjudication Officer: Seamus Clinton
Procedure:
In accordance with 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 and to present any evidence relevant to the complaints.
The hearing was held in the Hearing Rooms, Workplace Relations Commission (WRC) in Carlow. The respondent did not attend the hearing. I am satisfied that the respondent was on notice of the date, time, and location of the hearing. The complainant attended and gave evidence under oath. As the complainant clarified that her complaint was in relation to not receiving a redundancy payment she withdrew her complaints of CA-00058373-002 and CA-00058373-003 as these complaints were not relevant to her circumstances.
Background:
The complainant submitted a complaint to the WRC seeking the payment of statutory redundancy. |
Summary of Complainant’s Case:
The complainant gave evidence that she was employed by the respondent from 28th August 2017 to 15th May 2023. She earned a gross weekly wage of €462.80. On the last day of employment, she was informed that the nursery was closing with immediate effect. She contacted her employer subsequently on several occasions up to August 2023 seeking a redundancy payment. She received a response that this would be looked into although nothing further transpired. |
Summary of Respondent’s Case:
The respondent did not attend the hearing. I am satisfied that the respondent was on notice of the hearing. |
Findings and Conclusions:
The Law The Redundancy Payments Acts 1967 sets out the general right to a redundancy payment. Section 7(1) provides: “An employee, if he is dismissed by his employer by reason of redundancy or is laid off or kept on short-time for the minimum period, shall, subject to this Act, be entitled to the payment of moneys which shall be known (and are in this Act referred to) as redundancy payment provided— (a) he has been employed for the requisite period, and (b) he was an employed contributor in employment which was insurable for all benefits under the Social Welfare Acts, 1952 to 1966, immediately before the date of the termination of his employment, or had ceased to be ordinarily employed in employment which was so insurable in the period of four years ending on that date”. Section 7(5) of the Acts provides: “In this section requisite period means a period of 104 weeks continuous employment (within the meaning of Schedule 3) . . . .” Section 7(2) of the Acts provides: “For the purposes of subsection (1), an employee who is dismissed shall be taken to be 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 for the purposes of which the employee was employed by him, or has ceased or intends to cease, to carry on that business in the place where the employee was so employed . . . .” Findings The complainant gave evidence of her period of employment and that she had been made redundant arising from the fact that the nursery was closing. I find that the Complainant’s employment was terminated by reason of redundancy within the meaning of s 7(2)(a) of the Act, and that the complainant is entitled to a redundancy payment in accordance with the following criteria: Commencement date of employment: 28th August 2017. End date of employment: 15th May 2023. Gross weekly wage: €462.80 |
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.
CA-00058373-001 I decide that the complainant is entitled to a redundancy lump sum payment under the Redundancy Payment Act 1967, in accordance with the following: Commencement date of employment: 28th August 2017. End date of employment: 15th May 2023. Gross weekly wage: €462.80 This award is made subject to the complainant having been in insurable employment under the Social Welfare Acts during the relevant period. |
Dated: 10th April 2024
Workplace Relations Commission Adjudication Officer: Seamus Clinton
Key Words:
Redundancy |