ADJUDICATION OFFICER DECISION

Adjudication Reference:  ADJ-00050731

Parties:

Complaint:

Date of Adjudication Hearing:  09/07/2024

Workplace Relations Commission Adjudication Officer:  Gaye Cunningham

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and/or Section 39 of the Redundancy Payments Act 1967following 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 a statutory redundancy lump sum based on the service she had with the Respondent Employer.

Summary of Complainant’s Case:

On behalf of the Complainant it was stated that she commenced her employment with the Respondent in or around September 1991.  She was made redundant when the business closed on 31 October 2023.  She received a redundancy lump sum based on an incorrect calculation of her service with the Employer.  The lump sum she received was based on a commencement date of 1 October 2020 whereas Revenue records show her commencement date as September 1991.            The Complainant seeks that the correct redundancy entitlement be awarded to her.  She received €2,557.60 based on the incorrect information.

Summary of Respondent’s Case:

The Respondent does not dispute the Complainant’s entitlement.  The calculation was based on the most recent short-term contract given to her in 2020.  The employment records however show  reference to the start date as being 1995.  The Respondent believes the calculation took into account the Complainant’s retirement age.

Findings and Conclusions:

I find that calculation of service for the purposes of calculating a statutory redundancy lump sum must take into account the actual commencement of employment date and termination date and is subject to the Complainant having been in insurable employment during that relevant period.  I note the information supplied by the Complainant that she entered the employment in September 1991, that Revenue records showed her having been so employed, and that she did not have any other employment.  I therefore find the information supplied by the Complainant and her Representative to be honest and credible.   I find that the commencement date of the Complainant’s employment to be 1 September 1991. 

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.

I have decided that the Complainant is entitled to a statutory redundancy payment based on the following criteria:

Date of Commencement:     1 September 1991

Date of Termination:            31 October 2023

Gross Weekly Pay:                   €360

This award is made subject to the complainant having been in insurable employment under the Social Welfare Acts during the relevant period.

Dated: 17th July 2024 

Workplace Relations Commission Adjudication Officer:  Gaye Cunningham

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