ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00001479
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-00001831-001 | 8th January 2016 |
Date of Adjudication Hearing: 4th April 2016
Workplace Relations Commission Adjudication Officer: Seán Reilly
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015 and Section 39 of the Redundancy Payments Act 1967 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.
The Complainant was employed by the Respondent as a Bar Manager from 1st September 2011 to 12th May 2015 and her weekly rate was €396.00c. The Complainant was submitting that she had not received her redundancy payment when her employment was terminated by reason of redundancy on 12th May 2015.
Summary of Complainant’s Position:
The Complainant said that the business closed on 12th May 2015 and she was made redundant, but she did not receive her redundancy payment entitlements in accordance with the provisions of the Redundancy Payments Acts.
Summary of Respondent’s Position:
The Respondent said that the Complainant was correct; the business went into receivership and closed. He said that he did not have the monies to pay redundancy payment and in fact still owes money to the Revenue Commissioners.
The Respondent said that he fully accepted that the Complainant was entitled to the redundancy payment claimed by her, but he did not have the funds to pay her these monies.
Findings and Decision:
Section 41(4) 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 Act 1967 requires that I make a decision in relation to the Complainant’s entitlement to a redundancy payment in accordance with the provisions of the Redundancy Payments Acts 1967 to 2007.
I have carefully considered the evidence and the submissions made and I have concluded as follows.
I note that it is common cause between the parties that the Complainant became redundant from her job with the Respondent on 12th May 2015, when the business closed down and accordingly the complaint is not contested.
Based on the above findings I decide and declare that the complaint under Section 39 of the Redundancy Payments Act 1967 is well founded and it is upheld.
I note the following:
The Complainant’s weekly rate of pay was €396.00c per week.
The Complainant was employed by the Respondent from 1st September 20111 to 12th May 2015, a period of 3 years and 36 weeks, which is 3.69 years service.
Statutory redundancy entitlements under the Redundancy Payments Acts as amended is 2 weeks pay per year of service plus one single weeks pay.
Based on the above the following calculation apply in the Complainant’s case:
€396.00c x 8.38 = €3,318.48c
Based on the above the Complainant is entitled to the nett sum redundancy payment of €3,318.48c in accordance with the provisions of the Redundancy Acts as amended and I require the Respondent to pay her that amount.
Dated: 5th July 2016