ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00000921
Complaint(s)/Dispute(s) 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-00001268-001 | 04/12/2015 |
Date of Adjudication Hearing: 23/02/2016
Workplace Relations Commission Adjudication Officer: Michael McEntee
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015 and Section 39 of the Redundancy Payments Act, 1967 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 was out of work due to a work related injury since 1st November 2010 and informed the company on 8th July 2015 that I was available now to work and as the company was in liquidation, I wanted to put in a claim for redundancy. I heard nothing and my Solicitor telephoned and spoke to them on 6th October and emailed them following that but we have heard nothing since. (copy correspondence will be sent under separate cover) |
Respondent’s Submission and Presentation:
Neither the Respondent nor the Receiver (on their behalf) attended the hearing and no written submission was received.
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 and Section 39 of the Redundancy Payments Act, 1967
Issues for Decision:
Eligibility of Complainant for Statutory Redundancy Payment.
Legislation involved and requirements of legislation:
Redundancy Payments Act , 1967
Decision:
The Complainant commenced employment on 08/01/2008. He was absent on sick leave due to an occupational injury from 01/11/2010. In July 2015 he indicated his willingness to return to work.
While neither the Respondent nor the Liquidator/Receiver attended the hearing it was understood that employment at the Respondent’s premises ceased on or about the 19th June 2014.
No evidence was provided that the formal employment of the Complainant by the Respondent had been terminated. It was maintained in evidence by the Complainant that his employment relationship had been continuous and that no P45 was ever received.
Allowing for the absence of the Respondent I found the evidence of the Complainant credible.
Accordingly I find the claim for a Statutory Redundancy Payment to the Complainant to be well founded.
In keeping with the provisions of the Act in relation to the calculation of reckonable service, in particular where an occupation injury has occurred, I direct that a Statutory Redundancy payment be made to the Complainant as soon as practicable.
Dated: 20th July 2016