ADJUDICATION OFFICER DECISION

Adjudication Reference:  ADJ-00049954

Parties:

Complaint:

Date of Adjudication Hearing:  22/05/2024

Workplace Relations Commission Adjudication Officer:  Gaye Cunningham

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 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 seeks statutory redundancy payment.

Summary of Complainant’s Case:

The Complainant was employed in Accounts and Payroll in the Respondent’s company from 10th January 2017.   Her earnings were €599 per week.   The company went into liquidation on 17th April 2024.  The Complainant had unsuccessfully tried to make contact with the owner of the company before then and had received no response.

Summary of Respondent’s Case:

The Respondent did not attend the hearing.

Findings and Conclusions:

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…

I find the Complainant was dismissed by reason of redundancy.

Decision:

Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.

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 lump sum payment based on the following criteria:

Date of commencement:             10th January 2017

Date of termination:                     17th April 2024

Gross weekly pay:                         €599

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

Dated:   28/05/2024

Workplace Relations Commission Adjudication Officer:  Gaye Cunningham

Key Words: