ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00047249
Parties:
| Complainant | Respondent |
Parties | Monika Swiergocka | Sally O'Briens Ltd |
| Complainant | Respondent |
Anonymised Parties | {text} | {text} |
Representatives |
| Peter O'Donovan O'Donovan Keyes and Co |
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-00057869-001 | 24/07/2023 |
Date of Adjudication Hearing: 07/12/2023
Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and 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 was employed with the Respondent from 31st December 2010 until 5th December 2021. |
Summary of Complainant’s Case:
The Complainant was employed with the Respondent as a housekeeper until 2021 working 36 hours hours per week at 10 euro per hour. The hotel was closed so there was no one to respond to the Complainant. The company stopped all activity due to Covid-19. The Complainant was not made redundant and was unsure what to do. She went to Citizens Information. She sent an RP77 to the company’s office, but did not receive any response, then she lodged her complaint to the Workplace Relations Commission. |
Summary of Respondent’s Case:
The Liquidator was appointed on 9th November 2021. He was not aware of the claim. Payment will require to be made from the Department of Social Welfare Insolvency Fund.
|
Findings and Conclusions:
I have heard and considered the submissions and oral evidence of the parties. The Complainant was employed with the Respondent from 30th December 2010 until 5th December 2021. The company closed during Covid-19 and did not re-open. It is now in liquidation. The Complainant is non-national and was unsure what to do. She obtained advice from Citizens Information and sent a Form RP77 to the company but did not receive any response. She then lodged a complaint to the Workplace Relations Commission received on 24th July 2023. In the circumstances, I find there are reasonable grounds to extend time to allow the complaint to proceed. I find the complaint is well founded. I decide to award a redundancy payment to the Complainant in respect of her employment from 30th December 2010 until 5th December 2021 pursuant to S39 of the Redundancy Payments Act 1967. |
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.
The complaint is well founded. The Complainant is awarded redundancy payment in respect of her employment from 30th December 2010 until 5th December 2021 pursuant to S39 of the Redundancy Payments Act 1967. |
Dated: 11th September 2024
Workplace Relations Commission Adjudication Officer: Davnet O'Driscoll
Key Words:
|