ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00010331
Parties:
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Complainant |
Respondent |
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Anonymised Parties |
A Complainant |
A Respondent |
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-00013746-001 |
05/09/2017 |
Date of Adjudication Hearing: 07/12/2017
Workplace Relations Commission Adjudication Officer: Michael Hayes
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).
Background:
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The respondent employed the complainant as a clerical worker in the period from 4th of November 2013 until the 18th of January 2017. She was paid €200 gross per week. The respondent issued notice of closure on the 4th of January 2017 and the business duly closed on the 18th inst. The parties made oral submission to the hearing agreeing the facts of the matter. |
Summary of Complainant’s Case:
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The complainant submits that she has an entitlement to statutory redundancy in the circumstances described. |
Summary of Respondent’s Case:
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The respondent agrees that a redundancy situation has occurred. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.
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 herein complaint is well founded and that the complainant has an entitlement to statutory redundancy under the Act based on the facts outlined above and payment of the relevant contributions in the relevant period. |
Dated: 14th February 2018
Workplace Relations Commission Adjudication Officer: Michael Hayes