ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00009871
Parties:
| Complainant | Respondent |
Anonymised Parties | Sales assistant and engraver | Jewellery store |
Representatives | Self | No attendance |
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-00012943-001 | 03/08/2017 |
Date of Adjudication Hearing: 20/12/2017
Workplace Relations Commission Adjudication Officer: Marguerite Buckley
Procedure:
In accordance with Section 39 of the Redundancy Payments Acts 1967 - 2014 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.
Background:
The Complainant was a sales assistant and engraver. The Respondent was a jewellery store.
The Complainant commenced working in the jewellery store in April 1999.
In 2000 the Respondent took over the store under a transfer of undertakings.
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Summary of Complainant’s Case:
The Complainant always worked part time. Her part time hours were 19/20 hours per week.
In 2015 the Respondent reduced her hours to nine hours per week. This comprised of two afternoons 4.5 hours each.
The Complainant wasn’t happy with this reduction in hours and continued to request her previous hours. She was paid €9.33 per hour.
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Summary of Respondent’s Case:
No attendance. |
Findings and Conclusions:
I find that the complaint succeeds and that a genuine redundancy situation exists. The Complainant is entitled to statutory redundancy on the following terms: -
Her start date was the 1st of April 1999.
Employment termination date was the 28th of March 2017.
Gross pay of €9.33 per hour for 19 hours per week.
This award under the Payment of Redundancy of Payments Act is subject to the complainant having being in insurable employment for the relevant period under the Social Welfare Acts. |
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.
As above. |
Dated: 4th April 2018
Workplace Relations Commission Adjudication Officer: Marguerite Buckley
Key Words:
Compulsory statutory redundancy |