ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00013934
Parties:
| Complainant | Respondent |
Anonymised Parties | A Taxi Radio Operator | A Taxi Company |
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-00018224-001 | 29/03/2018 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00018224-002 | 29/03/2018 |
Date of Adjudication Hearing: 28/06/2018
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 39 of the Redundancy Payments Acts 1967 - 2014following 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:
The Complainant is claiming redundancy and notice pay due to the termination of her employment. |
Summary of Complainant’s Case:
The Complainant was employed as a Taxi Radio Controller from August 15th (approx) 2012 to April 6th 2017. The Complainant was made redundant on April 6th 2017. The Complainant earned 190 Euros gross per week. The Complainant was informed that the business had been sold to another party and she was not to turn up for work anymore. The Complainant did not receive any redundancy or notice payment. The Complainant is seeking a redundancy and notice payment under the Act. |
Summary of Respondent’s Case:
The Respondent was not present at the Hearing. |
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. This decision reference number is CA-00018224-001. Section 4.(1) of the Act states “Subject to this section and to section 47 this Act shall apply to employees employed in employment which is insurable for all benefits under the Social Welfare Acts, 1952 to 1966 and to employees who were so employed in such employment in the period of two years ending on the date of termination of employment.” Therefore subject to the Complainant being in employment which was insurable for this purpose under the Social Welfare Acts, and subject to being confirmed by the appropriate Government Agency, I find that the complaint is well founded and the Complainant is entitled to a redundancy payment of two weeks per year (or part thereof) plus a week on the following basis; Date of Commencement : August 15th 2012 Date of Termination: April 6th 2017 Gross Weekly Wage: 190 Euros per week. 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. This second decision reference number is CA-00018224-002. Having considered the evidence of the Complainant and in the absence of the Respondent providing any contradictory evidence I find that the Complainants employment was terminated without any notice period. Section 4. of the 1993 Act states that “the minimum notice to be given by an employer to terminate the contract of employment of his employee is… ..(2b) if the employee has been in the continuous service of his employer for less than two years or more, but less than five years: two weeks”. Therefore, I award the Complainant 380 Euros for the breach of the Act. |
Dated: 24th July 2018
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Key Words:
Redundancy and Minimum Notice |