ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00051338
Parties:
| Complainant | Respondent |
Parties | Vikki Phillips | John G. Burns Limited |
Representatives | Timothy Smyth, Timothy Smyth Solicitors | Did not attend. |
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-00062893-001 | 18/04/2024 |
Date of Adjudication Hearing: 14/06/2024
Workplace Relations Commission Adjudication Officer: Jim Dolan
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 and to present to me any evidence relevant to the complaint.
Background:
The Complainant commenced employment with the Respondent on 28th April 2014 and remained in employment until 12th October 2023. The Complainant was employed as a receptionist. This complaint was received by the Workplace Relations Commission on 18th April 2024. |
Summary of Complainant’s Case:
The Complainant worked for the Respondent from 28th April 2014 until 12th October 2023 at which time she was informed that the business no longer required her services as they were ceasing operations. This information was given to the Complainant via a telephone conversation with the Director. During said telephone conversation the Complainant was informed by the Director that she had entitlements and that he would revert to her as soon as possible in relation to these entitlements. The Complainant heard nothing more from the Director. The Complainant made several attempts to contact the director to no avail. |
Summary of Respondent’s Case:
The Respondent did not attend the scheduled hearing of the complaint. I am satisfied that the Respondent received information containing all arrangements for the hearing i.e., date, time and venue for the hearing. Letters containing this information were sent to both parties by Registered Post on 17th May 2024. |
Findings and Conclusions:
From the evidence adduced from the Complainant I am totally satisfied that the Complainant is entitled to a statutory redundancy payment. Such a redundancy payment should be calculated using the following information: Start Date: 28th April 2014. End Date: 12th October 2023. Hours worked per week: 21hours * (* from 28/04/2014 until 01/07/2022 the Complainant worked 40 hours per week at which time her working hours were reduced to three days per week due to a business downturn) Weekly wage: €323.08. Complainant PPS Number: 4389547H Employers registered number: 0082600 M
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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 complaint as presented under the Redundancy Payments Act 1967 is well founded and I now order the Respondent to make the statutory payment to the Complainant within 42 days from the date of this decision. |
Dated: 24th June 2024
Workplace Relations Commission Adjudication Officer: Jim Dolan
Key Words:
Redundancy Payments Act |