ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00003967
Complaint 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: 03/11/2016
Workplace Relations Commission Adjudication Officer: Rosaleen Glackin
In accordance with Section 39 of the Redundancy Payments Act, 1967 and 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 from 7th February 2011 until the employment was terminated with notice on 2nd May 2016. The employment terminated on 13th July 2016. The Complainant was paid €4006.00 gross per week and she worked 37.5 hours a week. The Complainant was provided with a written statement of her terms and conditions of employment and this is dated on 21st February 2013 and the employment is classified as “regular full-time employment”
The Complainant referred a complaint to the Workplace Relations Commission on 6th July 2016 in relation to a claim to be paid her redundancy entitlements.
Summary of Complainant’s Position.
The Complainant was informed by letter dated 2nd May 2016 that her employment with the Respondent was to be terminated with 10.5 weeks working notice to expire on 13th July 2016 – copy provided at the Hearing.
The Complainant corresponded with the Respondent via email on 8th June 2016 – 22nd June 2016 – 27th June 2016 – 28th June 2016 – 30th June 2016 and on 4th July 2016 in relation to her entitlement to redundancy payment on termination of her employment. – copies provided.
The Respondent disputed the Complainant’s right to be paid her Redundancy entitlements citing in one email that she was governed by Canadian Law not Irish Law.
The Complainant informed the Respondent by email dated 28th June 2016 that she was referring a complaint to the Workplace Relations Commission under the Redundancy Payments Act, 1967.
In accordance with Section 39 of the Redundancy Payments Act, 1967 I declare the complaint is well founded.
The Complainant has been in the continuous employment of the Respondent for the “requisite period” which under Section 7 (5) of the Act is stated to be 104 weeks continuous employment.
The Complainant’s employment was terminated by letter dated 2nd May 206 from the Respondent on 13th July 2016 in which it states as follows – “after careful consideration, …has determined that we are no longer able to support your employment due to changing business needs”. It is clear from this letter of termination that the Complainant’s position was made redundant.
I direct the Respondent to pay the Complainant her redundancy entitlements in accordance with the Redundancy Payments Act, 1967.