ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00050732
Parties:
| Complainant | Respondent |
Parties | Deirdre Kenny | Triqwantum Ltd Lumy By Paris |
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-00062197-001 | 11/03/2024 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00062197-002 | 11/03/2024 |
Date of Adjudication Hearing: 15/05/2024
Workplace Relations Commission Adjudication Officer: Roger McGrath
Procedure:
In accordance with Section 39 of the Redundancy Payments Acts 1967 - 2014 following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints.
In deference to the Supreme Court ruling, Zalewski v Ireland and the WRC [2021] IESC 24 on the 6th of April 2021, the Parties were informed in advance that the Hearing would be in Public, that testimony under Oath or Affirmation would be required and full cross examination of all witnesses would be provided for. The required Affirmation / Oath was administered to all witnesses. The legal perils of committing Perjury were explained to all parties.
Background:
The Complainant commenced employment with the Respondent on 16 April 2016 as an Assistant. She worked 37 hours per week and was paid €500 gross per week. Her employment with the Respondent ended on 31 December 2023.
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Summary of Complainant’s Case:
The Complainant gave evidence on oath at the hearing. The Complainant stated that she did not receive any redundancy payment form the Respondent. The Complainant stated that her employment ceased on 31 December 2023. She had applied for a Redundancy Payment from her former employer using Form RP77 on 3 January 2024, but did not receive a response. The shop in which she works is closed. She believes the entity went into liquidation. |
Summary of Respondent’s Case:
The Respondent did not attend the hearing. |
Findings and Conclusions:
I find the Respondent is genuinely unable to pay statutory redundancy entitlements due to financial difficulties or insolvency. In that case I find that the Complainant is entitled to avail of the Redundancy Payments Scheme. |
CA-00062197-001
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.
Accordingly, the claim under the Redundancy Payments Acts 1967 to 2007 is allowed and the Complainant is awarded a statutory lump sum under those Acts, and based on the following: Date of Commencement; 18 April 2016. Date of Termination; 31December 2023. Gross weekly pay; €500.00. The award is made subject to the appellant having been in insurable employment under the Social Welfare Acts during the relevant period. |
CA-00062197-002
Summary of Complainant’s Case
As above.
Summary of Respondent’s Case
As above
Findings and Conclusions
I find the Complainant did not receive proof of her employer’s inability to pay- Statement of Affairs.
Decision:
The complaint is upheld.
Dated: 15th May, 2024
Workplace Relations Commission Adjudication Officer: Roger McGrath
Key Words:
Redundancy |