ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00004016
Complaint(s)/Dispute(s) for Resolution:
Complaint/Dispute Reference No.
Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967
Date of Adjudication Hearing: 11/11/2016
Workplace Relations Commission Adjudication Officer: Jim O'Connell
In accordance with Section 41(4) of the Workplace Relations Act, 2015 [and/or Section 8(1B) of the Unfair Dismissals Act, 1977, and/or Section 9 of the Protection of Employees (Employers’ Insolvency) Act, 1984, and/or Section 79 of the Employment Equality Act, 1998, and/or Section 25 of the Equal Status Act, 2000] following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
The claimant was employed by the respondent from the 2nd September 1996 to the 2nd October 2015t. She worked 40 hours per week and was paid an average of €531.13per week. It was submitted that the respondent went into liquidation on 2nd October 2015 . The claimant was not consulted in any way and was not paid her redundancy entitlements.
I find that the Liquidator did not dispute the claimant’s complaint and he agreed he was not paid redundancy. I find he confirmed her start and finish dates of employment were correct and that based on his calculations the claimant is owed €20,813.02 in redundancy payments.
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.
I find the complaint to be well founded and in accordance with section 77 of the Redundancy Payments Acts the claimant is entitled to be paid €20,813.03 redundancy payments in accordance with the liquidator’s calculations .
Dated: 13th December 2016