ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00050477
Parties:
| Complainant | Respondent |
Parties | Ailse Connolly-Davey | Mark Quick, 9Th Impact Galway |
| Complainant | Respondent |
Parties | Ailse Connolly-Davey | 9th Impact Limited |
Representatives | Self | No show |
Complaint(s):
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00061309-001 | 30/01/2024 |
Date of Adjudication Hearing: 30/04/2024
Workplace Relations Commission Adjudication Officer: Brian Dalton
Procedure:
In accordance with Section 39 of the Redundancy Payments Acts 1967 - 2014
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 (by remote hearing) and to present to me any evidence relevant to the complaint.
I am satisfied that both parties have been properly notified of the date, time and provided with the remote access link for the hearing.
Background:
The Complainant stated at the hearing and in her complaint form that she was made redundant by her employer, and they have failed to pay her statutory redundancy. She commenced her employment on the 1st of September 2021 and her employment ended on the 31st of August 2023. The Act requires in order to be entitled to a statutory payment, that the Complainant must have 104 weeks continuous employment. The Complainant stated that she does haver the requisite weeks service. The Complainant was requested to submit pay slips, a contract of employment and her termination notice. The Complainant submitted the requested records on or about the 2nd of July 2024. |
Summary of Complainant’s Case:
The Complainant was made redundant. She requested payment from her employer as required and was ignored. Arising from the failure to pay her statutory redundancy the Complainant lodged her complaint with the Commission. |
Summary of Respondent’s Case:
The Complainant failed to attend at the hearing. |
Findings and Conclusions:
I am satisfied that the Complainant based on the requisite service of 104 weeks continuous service is entitled to statutory redundancy based on the following facts: The Complainant received €2040.68 monthly salary as per the payslips. Annualised this equals a salary of €24,488.16 and divided by 52= €470.92 Gross per week. Her employment commenced on the 1st September 2021 and ended by reason of redundancy on the 31st of August 2023. |
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 Complainant is entitled to statutory redundancy based on 104 weeks continuous services. The employee commenced her employment on the 1st of September 2021 The contract of employment ended by reason of redundancy on the 31st of August 2023. Her gross weekly salary was €470.92. The Employer wrote to her on the 25th of July 2023 and informed her that her employment would end on the 31st of August 2023 by reason of redundancy. The Complainant was on a monthly salary of €2040.68 which equates to an annual salary of €24,488.16 and therefore her gross weekly salary was €470.92 per week. The Complainant sent an RP 77 notice to the Employer that has been ignored. I determine that the Complainant is entitled to statutory redundancy on the facts as detailed. |
Dated: 29th July 2024
Workplace Relations Commission Adjudication Officer: Brian Dalton
Key Words:
Statutory Redundancy |