Case Number: ADJ-00000563. Workplace Relations Commission

CourtWorkplace Relations Commission
Docket NumberADJ-00000563
Date03 March 2016
PartiesAn Employer v An Employee
Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 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).

Complainant’s Submission and Presentation:

I did not receive my redundancy payment or any other payments when the premises closed. I received no notice or payment instead of notice. I have filled in and posted my RP77 Form but Lukas Hargot has made no response what so ever to me.

Respondent’s Submission and Presentation:

No attendance

Decision:

Section 41(4) 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.

Issues for Decision:

Was the respondent made redundant and does she qualify for a payment under the Redundancy Payments Acts, 1967 to 2007.

Legislation involved and requirements of legislation:

The Redundancy Payments Acts, 1967 to 2007 set down the criteria for qualification for Statutory Redundancy Payment. These are;

Employees must have at least two years (104 weeks) continuous service

Have been in employment, which is fully insurable for all benefits under the Social Welfare Acts

Have been made redundant...

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