ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Decision Reference: ADJ-00000624

Complaint(s)/Dispute(s) for Resolution:

Date of Adjudication Hearing: 01/03/2016

Workplace Relations Commission Adjudication Officer: John Walsh

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 and under Section 39 of the Redundancy Payments Act 1967 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.

Complainant’s Submission:

He commenced employment with the respondent in July 2006 as a cleaning/maintenance person and worked continuously until 31 December 2014. On the 18^th December 2014 he received a phone call from the respondent to say he was giving up the contract with my place of work as he was in trouble with the tax man and it wasn’t paying him to keep the contract going.  He was paid up until the 31 December 2014 but did not receive a P45 or any redundancy entitlement.  On checking  with revenue it was discovered the respondent had not paid any PRSI contributions for him in 2009, 2010, 2014 and 2014.  On investigation with a social Welfare inspector his PRSI record was amended so he now wants to access my redundancy entitlement.  He is entitled to the following redundancy payment based on his service.  I was paid at the rate of €280 per week.  His number of year’s service is 8.47 years.  The weeks due for payment are 16.94 + 1 bonus week giving a total of 17.94 weeks.  His statutory redundancy entitlement is 17.94 x €280 = €5023.20.

Respondent’s Submission:

The respondent did not attend for the hearing.

FINDINGS:

I find that the complainant was not paid his statutory redundancy entitlements in the sum of €5023.20 by the respondent.

Decision/Recommendation

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 Section 7 of that Act.

Based on the uncontested evidence presented at the Hearing, I find that the complaint is well founded. I order the respondent to pay to the complainant his statutory redundancy entitlements in the sum of €5023.20 for breaches of Section 9 (1) of the Redundancy Payment Act, 1967.  This sum must be paid within 6 weeks of the date of this decision.

DATE 26^th April 2016