ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00047907
Parties:
| Complainant | Respondent |
Parties | Doreen Kennedy | MacMan Creative |
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 39 of the Redundancy Payments Act, 1967 | CA-00058918-001 | 18/09/2023 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00058918-002 | 18/09/2023 |
Date of Adjudication Hearing: 16/02/2024
Workplace Relations Commission Adjudication Officer: David James Murphy
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 39 of the Redundancy Payments Acts 1967 - 2014 following 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 worked for the Respondent company from the 1st of October 2015 until the 11th of June 2023 when she was let go due to the company becoming insolvent. |
Summary of Complainant’s Case:
The Complainant gave evidence under affirmation and provided a copy of her letter of termination and other correspondence with the Respondent. She joined the Company on the first of October 2015. She was told last May that she was redundant and given a months’ notice. She sought her redundancy lump sum and submitted a RP77 form to the employer. There was some correspondence with the owner but after a time they ceased responding. Her understanding is that they have stopped trading. She was paid €1016 a week gross and provided a copy of her May 2023 payslip to the adjudicator at the hearing. |
Summary of Respondent’s Case:
The Respondent did not attend the hearing. I am satisfied that they were notified of the hearing by way of letter to their registered address. |
Findings and Conclusions:
The Complainant has submitted two complaints under this act. CA-00058918-001 which is a complaint that she has not received her redundancy lump sum payment. CA-00058918-002 which is a complaint that she did not receive a statement of affairs from the Respondent proving their inability to pay. In the hearing the Complainant clarified that she was only interested in pursuing CA-00058918-001 and was seeking payment of her redundancy lump sum. She withdrew CA-00058918-002 and as such I have no jurisdiction to consider it further. Section 7.2(a) of the Redundancy Payments Act provides that 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. It is clear that the Complainant’s termination falls into the above category and that she was made redundant. It is also clear that the Complainant has the requisite service to be entitled to a redundancy payment. On the evidence available to me I find that her date of commencement was the 1st of October 2015, her date of termination was the 11th of June 2023, and her gross weekly pay was €1016. |
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.
Section 39 of the Redundancy Payments Acts 1967 – 2012 requires that I make a decision in relation to the complaint CA-00058918-001 in accordance with the relevant redress provisions under that Act. I have decided that the complainant is entitled to a redundancy payment based on the following criteria: Date of Commencement: 1st of October 2015 Date of Termination: 11th of June 2023 Gross Weekly Pay: €1016.00 |
Dated: 19th February 2024
Workplace Relations Commission Adjudication Officer: David James Murphy
Key Words:
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