ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00002453
Complaint for Resolution:
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-00003453-001 | 23/03/2016 |
Date of Adjudication Hearing: 25/05/2016
Workplace Relations Commission Adjudication Officer: Pat Brady
Procedure:
In accordance with Section 41(4) 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.
Complainant’s Submission and Presentation:
The complainant was employed as a retail assistant from 19th April 2004 until March 11th 2016.
She gave direct evidence that on that day (March 11th) she finished her shift as normal and on the following day called to the shop as was her normal practise to collect her wages.
To her surprise the shop was closed and the shutters were down. (It was a Saturday). She contacted the Manager who confirmed that the business had ceased trading but said that he would try to get the wages she was due to her by March 17th. The shop owner would not respond to any of the attempts made by the complainant to make contact.
She did not receive any redundancy payment. She was also owed two week’s wages, payment in lieu of notice and outstanding annual leave. (These claims are the subject of separate complaints)
She was also left without a P45 which has led to great inconvenience. they said I should make this complaint first.
Respondent’s Submission and Presentation:
The respondent did not attend the hearing. He was sent notice of the hearing to the registered business address and I am satisfied that the responsibility to notify him of the hearing was properly discharged.
Conclusion and Finding
This is a complaint under Section 39 of the Redundancy Payments Act, 1967. I find that the complainant was made redundant and has not been paid her statutory entitlement.
Her service totalled 11.94 years rendering her eligible for a redundancy payment of €14,256.24 based on a weekly wage of €573.00. (€573 x 2 x 11.94 plus €573)
Decision:
Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act and section 39 of the Redundancy Payments Act.
I award the complainant a redundancy payment of €14,256.24.
Dated: 10th August 2016