ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00002147
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-00002923-001 | 29/02/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00002923-002 Duplicate | 29/02/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under section 7 of the Terms of Employment (Information) Act, 1994 | CA-00003049-001 | 04/03/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977 | CA-00003049-002 Withdrawn at hearing | 04/03/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00003049-003 | 04/03/2016 |
Date of Adjudication Hearing: 17/05/2016
Workplace Relations Commission Adjudication Officer: Jim O'Connell
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015 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).
Redundancy Payments Acts
I was employed by the respondent from the 26th November 2012 as an electrician. I worked a 39 hours per week and was paid €624 gross. On the 29th January 2016 I was left go with no notice I sent an RP 77 form to the respondent and got no correspondence back . The respondent terminated my employment but he in formed me on the phone not to seek redundancy as he would wind up the company.
Findings
The complaint was received on the 29th February and on the 4th March 2016.
I find the respondent stated that he had no work for the claimant. I find that based on the evidence as submitted the claimant is entitled to his redundancy. I find that he has service from the26th November 2012 to the 29th January 2016, a total of 3 years and 62 days, giving a total of 7.34 weeks @ €600 equals €4404.00
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 that the claimant is entitled to €4404 in redundancy payment.
Terms of Employment (Information) Act 1994
The claimant was employed from the 26th November 2012 by the respondent. It was submitted that he was not provided with a contract of employment in accordance with section 3 of the Act.
Findings
Based on the verbal evidence as submitted I find the claimant did not get a contract of employment.
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 I award the claimant €500 compensation
Minimum Notice and Terms of Employment 173 Act
The claimant worked for the respondent from the 26th November 2012 to the 29January 2016. It was stated that he was left go with no notice.
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.
Based on the service I find that the claimant is entitled to 2 weeks notice of €505 per week, giving a total of €1010 net.
Dated 27th July 2016