ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00004019

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

Date of Adjudication Hearing: 20/09/2016

Workplace Relations Commission Adjudication Officer: Jim O'Connell

Procedure:

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

Background

The claimant was employed by the respondent from the 28th October 2003 to the 2nd October 2015. He worked 40 hours per week and was paid an average of € 423.07 per week. It was submitted that the respondent went into liquation on 2nd October 2015. The claimant was not consulted in any way and was not paid their redundancy entitlements.

Findings

I find that the Liquidator did not dispute the claimant’s complaint and he agreed he was not paid redundancy. I find he confirmed his start and finish dates of employment were correct and that based on his calculations the claimant is owed €10,523.43 in redundancy payments.

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.

I find the complaint to be well founded and in accordance with section 77 of the Redundancy Payments Acts the claimant is entitled to be paid €10,523.43 redundancy payments in accordance with the liquidator’s calculations .

Dated: 7 December 2016