ADJUDICATION OFFICER DECISION/RECCOMENDATION
Adjudication Decision Reference: ADJ-00002073
Complaint for Resolution:
|
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-00002804-001 |
23/02/2016 |
Date of Adjudication Hearing: 22/06/2016
Workplace Relations Commission Adjudication Officer: John Walsh
Venue: Ardboyne Hotel, Navan, Co. Meath.
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.
Background:
The Complainant was employed as a store man with the Respondent from the 27st of September 2009 to the 4th of January 2016. He alleges that he was not paid his redundancy entitlements on the closure of the business contrary to the terms of the Redundancy Payment Act, 1967.
Complainant’s Submission:
The Complainant outlined the following oral submission;
On the 4th of January 2016, his supervisor met him on the factory floor and advised him that the business was closing down immediately. He was provided with his P45 and an RP50. However the Respondent failed to pay him his redundancy entitlements.
His employment details are as follows;
Date of Birth; 27/7/1981
Employment Start Date: 27/9/2009
Date of Notice of Termination: 4/1/2016
Employment End Date: 4/1/2016
Gross Weekly Wage: €380
Wage Ceiling Prevailing at the Time: €600
Calculation of Statutory Service:
Years: 6
Days: 101
Weeks Due: 12.56
Plus Bonus Week: 1
Total Weeks:13.56
Redundancy Entitlements:
Statutory Entitlement: 13.56 x €380 = €5152.80
Respondent’s Submission:
The Respondent did not attend at the hearing.
Decision:
Section 41(4) of the Workplace Relations Act 2015 and under Section 39 of the Redundancy Payments Act, 1967 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 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 compensation in the sum of €5152.80 for breaches of Section 39 of the Redundancy Payments Act, 1967. This sum must be paid within 6 weeks of the date of this decision.
Dated: 10/09/2016