ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00006492
Parties:
| Complainant | Respondent |
Anonymised Parties | A Mushroom Factory worker | The Owner of a Mushroom Factory |
Representatives | Geraldine Duffy Co. Monaghan Citizens Information Service Ltd | In person |
Complaint(s):
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-00008775-001 | 14/12/2016 |
Date of Adjudication Hearing: 03/04/2018
Workplace Relations Commission Adjudication Officer: Emile Daly
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and/or Section 39 of the Redundancy Payments Acts 1967 - 2014 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).
Summary of Complainant’s Case:
I worked for the Respondent for four years and the business closed down. I was not paid a redundancy payment |
Summary of Respondent’s Case:
I accept the fact that there was a redundancy situation but I dispute the calculation being made by the Complainant |
Findings and Conclusions:
The Revenue Commissioners have confirmed start and end dates in relation to the Complainant’s employment which accords with that claimed by the Complainant. These dates are relied on for the purpose of this decision |
Decision:
Section 39 of the Redundancy Payments Acts 1967 – 2012 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.
The Complainant is entitled to receive a redundancy payment having had insurable employment for the period that she was employed by the Respondent. The redundancy lump sum is based on the following: Date of Birth: 20 December 1970 Date of Commencement: 23 November 2011 Date of Termination: 18 December 2015 Gross weekly pay: €163.34 |
Dated: 11 April, 2018
Workplace Relations Commission Adjudication Officer: Emile Daly
Key Words:
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