ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00052587
Parties:
| Complainant | Respondent |
Parties | Philomena Stewart | Lifetimecare Limited |
| Complainant | Respondent |
Anonymised Parties | {text} | {text} |
Representatives | Self | No Attendance |
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-00064328-001 | 25/06/2024 |
Date of Adjudication Hearing: 11/09/2024
Workplace Relations Commission Adjudication Officer: Janet Hughes
Procedure:
In accordance with Section 39 of theRedundancy 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.
This is one of a series of complaints submitted to the WRC by former employees of Lifetime Care Ltd concerned with non-payment of statutory entitlements. Correspondence in this case was issued to an address in Dublin by registered post. The Respondent did not engage with the former employees or the WRC at any stage after 05.10.23, the date on which the former employees received notice of termination of employment. I am satisfied that every reasonable effort was made by the WRC to notify the Respondent of the hearing of this complaint.
Background:
This case is concerned with the non-payment of statutory redundancy by the Respondent following the cessation of trading on 05.10.2023. |
Summary of Complainant’s Case:
The Complainant gave evidence of her relevant employment details for the purposes of the complaint. These are as detailed in the Decision section below. She gave evidence of receiving notice of the termination of her employment with immediate effect on 05.10.2023 from a Mr Ken O’Sullivan (of the Respondent) by way of a Whats App message. There was no further contact from Mr O Sullivan after that date. She received no payments for notice pay, outstanding holiday pay or, for the purposes of the current claim, statutory redundancy. This is an appeal against the decision of the Respondent(by default) not to pay her statutory redundancy. |
Summary of Respondent’s Case:
No attendance; no engagement with the WRC; no evidence or other information provided to the hearing. |
Findings and Conclusions:
The complainants evidence in this case is accepted on its own merits and the consistency of same in the context of other decisions and complaints in relation to other former employees of the Respondent who were also dismissed on 05.10.23 by way of a Whats App message. |
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.
CA-00064328 The appeal by Philomena Stewart against the decision of Lifetime Care Ltd not to pay her statutory redundancy is upheld. The details for the purposes of her claim are as follows: Date of Commencement 01/02/2015 Date of termination(without payment of notice): 05/10/2023 Weekly Rate of Pay: €234.00 gross Hours of work per week: 18 |
Dated: 11-09-24
Workplace Relations Commission Adjudication Officer: Janet Hughes
Key Words:
Statutory Redundancy |