ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00049915
Parties:
| Complainant | Respondent |
Parties | Ainul Yaqin Mohamad Rozi | Frank Lafferty, trading as F. Lafferty & Co. |
Representatives | In Person | William Wall Peninsula |
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-00061244-001 | 26/01/2024 |
Date of Adjudication Hearing: 24/06/2024
Workplace Relations Commission Adjudication Officer: Emile Daly
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and/or Section 39 of the Redundancy Payments Acts 1967 - 2014following 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:
This is an uncontested redundancy complaint.
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Summary of Complainant’s Case:
The Complainant commenced work as an accountant for the Respondent on 15.6.2008. She was paid a gross weekly salary of €538.46. She was made redundant when she was laid off and was not reengaged. Her employment terminated on 14.2.2023 due to redundancy. |
Summary of Respondent’s Case:
The Respondent accepts that the Complainant was made redundant on 14.2.2023. The complaint is conceded but, on behalf of the Respondent it is submitted that, that he is not in a position to make a redundancy payment to the Complainant due to insolvency/lack of funds. |
Findings and Conclusions:
If it is required, I extend the time for the bringing of this complaint from 6 to 12 months based on reasonable cause, as this complaint is conceded in full. Based on the uncontested evidence of the Complainant, given under affirmation, I am satisfied that a redundancy situation existed and that as of the date of the Adjudication hearing that she had not been paid a redundancy payment. I find that the Complainant is entitled to a redundancy payment based on having had insurable employment (under the Social Welfare Acts) for the duration of her employment and based on the following facts: Commencement date: 15.6.2008 End of Employment: 14.2.2023 Gross weekly pay: € 538.46. |
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.
This complaint is well-founded and the Complainant is entitled to a redundancy payment award based on the following: Commencement date: 15.6.2008 End of Employment: 14.2.2023 Gross weekly pay: € 538.46. |
Dated: 26/06/2024
Workplace Relations Commission Adjudication Officer: Emile Daly
Key Words:
Redundancy - uncontested |