ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00002771

Complaint for Resolution:

Date of Adjudication Hearing: 31/05/2016

Workplace Relations Commission Adjudication Officer: Patsy Doyle

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 and the Redundancy Payments Acts 1967- 2007 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 and Presentation:

The complainant commenced work as a Truck assistant with the respondent on a 28 hr week, earning €300.00 on 1 October 2003.

He worked without incident until the respondent business deteriorated when the business accounts were reportedly ceased by Revenue in mid December 2015.

The complainant was laid off on 23 December, 2015 and sought his redundancy, without success. The respondent informed him that he would receive redundancy but this did not follow. The complainant had received random pay slips during the course of his employment and was not given a P45 when work ceased.

He submitted a P60 for the year of 2014, which confirmed the payment of salary and USC the day after the hearing. He sought a redundancy payment.

Respondent’s Submission and Presentation:

The respondent did not attend the hearing; neither did he furnish a statement in response to the claim.

Decision:

Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act. I also need to make a decision under the Redundancy Payments Acts.

I am satisfied that all parties were on notice of the hearing on May 31 2016. As there was no appearance on behalf of the respondent, I heard the complainant’s uncontested evidence.

The complainant understands that the respondent, a contractor, is in Liquidation. He made all reasonable attempts to secure a redundancy payment when his job ceased

I find that the complainant is entitled to succeed in his claim for redundancy in accordance with Section 7(2) (a) of the Redundancy Payment Act 1967 calculated on the following criteria:

Date of Commencement: 1 October 2003

Date of Termination:       23 December 2015

Gross Weekly Wage:         €300.00

This award is made contingent on the complainant being in insurable employment under the Social Welfare Acts during the relevant period.

Dated:   16^th August 2016