ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00011888
Parties:
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Complainant |
Respondent |
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Anonymised Parties |
Sales assistant |
Food store |
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-00015705-001 |
10/11/2017 |
Date of Adjudication Hearing: 16/04/2018
Workplace Relations Commission Adjudication Officer: Maire Mulcahy
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:
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The complainant commenced employment with the respondent on 1/9/2013 as a sales assistant. Her complaint form states that her salary was €674 gross per fortnight, €653 net. She worked a 40-hour week. The respondent advised her on the 17/3/17 that there was no more work for her and that her employment would finish on 31/3/17. The respondent refused to pay her redundancy payments advising her that she was not entitled to redundancy. She referred her complaint to the WRC on 10/11/2017. |
Summary of Complainant’s Case:
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The complainant is seeking statutory redundancy payments in accordance with the provisions of the Redundancy Payment Acts 1967-2014. The respondent refused to pay her these payments stating that she was ineligible. The complainant has an uncontested service record of 3.58 years which yields an entitlement to 7.16 weeks’ wages plus a bonus week, totalling 8.16 weeks. Based on the complainant’s service record of 8.16 weeks x €313, the complainant calculates her redundancy sum to be €2554.08 On 19 January 2018, the complainant and her representatives, the Dublin Northwest Citizens Information Service signed an agreement with the respondent, submitted to the hearing, that he would pay the complainant the statutory redundancy payment of €2554.08 owing to her, over a 5-month period with monthly instalments of €500, the last instalment to be €554.08 in June 2018. Only one instalment was paid to her in February 2018. The outstanding amount owed to the complainant is €2054.08 (€2554.08 less €500).
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Summary of Respondent’s Case:
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The respondent did not attend the hearing. No written evidence was furnished. |
Findings and Conclusions:
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Based on the written and oral evidence which demonstrates the respondent’s acceptance of a redundancy, and the respondent’s acceptance of the service record as outlined in his agreement dated 19/1/18, to pay the sum of €2054.08 to the complainant, I find that a redundancy exists. I find that the complainant is entitled to statutory redundancy in accordance with the terms of the Redundancy Payment Acts. I accept that she commenced employment on 1/9/2013 and that her employment was terminated on 31/3/2017. |
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 have decided that the complainant is entitled to statutory redundancy as per the terms of the Act. I decide that the respondent should pay the complainant her statutory entitlement of €2054 within 6 weeks of the date below. |
Dated: 22.5.18
Workplace Relations Commission Adjudication Officer: Maire Mulcahy
Key Words:
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Statutory redundancy; non-payment of; respondent failed to honour agreement to pay redundancy |