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RPD1912

FULL RECOMMENDATION
RPA/18/35
DETERMINATION NO. RPD1912
ADJ-00016076

REDUNDANCY PAYMENTS ACTS, 1967 TO 2014


PARTIES :
SOLO HAIR DESIGN

- AND -

NICKOLA HANAPHY


DIVISION :

Chairman: Mr Geraghty
Employer Member: Mr Marie
Worker Member: Ms Treacy
SUBJECT:
1. Appeal Of Adjudication Officer Decision No. ADJ-00016076.


BACKGROUND:

2. The Employer appealed the decision of the Adjudication Officer to the Labour Court on the 19 November 2018. Labour Court hearings took place on the 25 January 2019 and 21 August 2019. The following is the Court's Determination:



DETERMINATION :

Background

The Complainant worked for the Respondent from 2008 to 2017. In 2017 the Respondent closed the business and offered the Complainant a position in another salon. However, the Complainant believed that acceptance of this offer would result in a significant reduction in her income and would amount to a demotion. Accordingly, she declined the offer and sought payment for redundancy.

The Respondent stated that the business was not in a position to pay redundancy.
The Complainant took a case to the Workplace Relations Commission and the Adjudication Officer decided that she was entitled to a redundancy payment.
The Respondent appealed this decision to the Court.

Determination

The Respondent failed to attend the Court to present the appeal.
The Court has not been given any valid reason for this non attendance.
The Court determines, therefore, that no valid appeal has been made and the decision of the Adjudication Officer is upheld.



Signed on behalf of the Labour Court



Tom Geraghty
TH ______________________
27 August 2019 Deputy Chairman



NOTE

Enquiries concerning this Determination should be addressed to Therese Hickey, Court Secretary.