ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00010535
Parties:
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Complainant |
Respondent |
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Anonymised Parties |
A kitchen porter |
A bar and restaurant |
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Representatives |
Ann Conan Citizens Information Service |
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Complaint(s):
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Act |
Complaint/Dispute Reference No. |
Date of Receipt |
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Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 |
CA-00014102-001 |
15/09/2017 |
Date of Adjudication Hearing: 01/12/2017
Workplace Relations Commission Adjudication Officer: Catherine Byrne
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.
The complainant attended the hearing at the Workplace Relations Commission on December 11th 2017, represented by Ann Conan of the Bray Citizen’s Information Centre. The respondent did not attend.
Background:
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The respondent’s bar and restaurant in Wicklow closed down in March 2017. The complainant was given notice of redundancy on February 1st. She worked her notice and her employment was terminated on March 5th. Having commenced employment on June 6th 2000, she had 15.5 years of service, taking account of a break due to illness from June 5th 2015 until the date of her termination on March 5th 2017. The effect of her absence is that she has 458 days of non-reckonable service. She earned €137.25 per week. |
Summary of Complainant’s Case:
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The complainant did not receive a statutory redundancy payment. |
Summary of Respondent’s Case:
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The respondent did not attend the hearing and was not represented. |
Findings and Conclusions:
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Section 7(1) of the Redundancy Payments Act 1967 (amended) provides that; “An employee, if he is dismissed by his employer by reason of redundancy or is laid off or kept on short time for the minimum period, shall, subject to this Act, be entitled to the payment of moneys which shall be known as ….redundancy payment provided - a) he has been employed for the requisite period, and b) he was an employed contributor in employment which was insurable for all benefits under the Social Welfare Acts 1952 – 1966, immediately before the date of the termination of his employment or had ceased to be ordinarily employed in employment which was so insurable in the period of four years ending on that date.” The complainant had more than two years’ service with the respondent when the business closed down. Based on the information presented to me at the hearing, it is evident that she was in insurable employment and that she was made redundant with effect from March 5th 2017. She is therefore entitled to a statutory redundancy payment. |
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.
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I find that the complainant is entitled to a statutory redundancy payment based on her weekly wages of €137.25 and her service from June 6th 2000 until March 5th 2017. Account is to be taken of her non-reckonable service due to illness as set out above. |
Dated: 03/04/18
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Key Words:
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Statutory redundancy |