ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00046019
Parties:
| Complainant | Respondent |
Parties | Carol Howlin | R + P Doyle Ltd T/A Mace Kilmore Quay |
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-00056905-001 | 30/05/2023 |
Date of Adjudication Hearing: 28/11/2023
Workplace Relations Commission Adjudication Officer: Breiffni O'Neill
Procedure:
In accordance with 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.
Specifically, I conducted a remote hearing in accordance with the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and Statutory Instrument 359/2020 which designates the Workplace Relations Commission as a body empowered to hold remote hearings.
The Complainant as well as a Director of the Respondent, Ronan Doyle, attended the hearing and gave evidence.
Background:
The Complainant commenced her employment with the Respondent as a Deli/Shop Assistant on 7 May 2017 and was paid €393.60 per week. Although her employment ended by reason on redundancy on 26 October 2022, she did not receive her statutory redundancy entitlements. |
Summary of Complainant’s Case:
The Complainant stated that the shop where she worked closed on 26 October 2022 but that she did not receive her redundancy entitlements. |
Summary of Respondent’s Case:
The Respondent stated that he ceased operating the shop where the Complainant worked and that he could not afford to pay her redundancy entitlements. |
Findings and Conclusions:
THE LAW Section 7(2) of the Redundancy Payments Act, 1967, states: “For the purposes of subsection (1), an employee who is dismissed shall be taken to have been 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 in the place where the employee was so employed, or (b) The fact that the requirements of that business for employees to carry out work of a particular kind in the place where he was so employed have ceased or diminished or are expected to cease or diminish. (c) the fact that his employer has decided to carry on the business with fewer or no employees, whether by requiring the work for which the employee had been employed (or had been doing before his dismissal) to be done by other employees or otherwise, or (d) the fact that his employer has decided that the work for which the employee had been employed (or had been doing before his dismissal) should henceforward be done in a different manner for which the employee is not sufficiently qualified or trained, or (e) the fact that his employer has decided that the work for which the employee had been employed (or had been doing before his dismissal) should henceforward be done by a person who is also capable of doing other work for which the employee is not sufficiently qualified or trained.” FINDINGS On the basis of the evidence presented to me, I am satisfied that the Complainant was dismissed by reason of redundancy and is entitled to a redundancy payment pursuant to the Redundancy Payments Acts 1967-2014. |
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 allow the Complainant’s appeal and find that she is entitled to a statutory redundancy lump sum payment under the Redundancy Payment Acts 1967 – 2014 based on the following criteria: - Date of commencement: 7 May 2017 - Date of termination: 26 October 2022 - Gross weekly wage: €393.60 This award is made subject to the Complainant having been in insurable employment under the Social Welfare Acts during the relevant period. |
Dated: 08/03/2024
Workplace Relations Commission Adjudication Officer: Breiffni O'Neill
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