ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00001086

Complaint for Resolution:

Date of Adjudication Hearing: 15/03/2016

Workplace Relations Commission Adjudication Officer: Patsy Doyle

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015, Redundancy Payment acts 1967-2007, Minimum Notice and Terms of Employment Act 1973-2001, following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints..

Complainant’s Submission and Presentation:

The Complainant commenced work for the respondent company on 6 April 1991. He worked there continuously until he commenced a period of sick leave on 29 July 2013 until 9 May 2015. In early May 2015, he read in the local newspaper that the respondent company was entering a process of voluntary liquidation. He received illness benefit from 2 August 2013 to 9 May 2015.

The Complainant made an application for redundancy from the Liquidators appointed, He was refused as a p45 dated 28July 2013 was produced from the company records. The Complainant is clear that he never resigned his position as evidenced from the payment of illness benefit. He came to adjudication today seeking a redundancy payment and payment in lieu of notice.

The Complainant was employed on a full time, 40 hr week basis. He stated that his employment had ended when the company was liquidated on May 14, 2015. I sought access to P60s and received extracts from the Company p35 form which listed employees present in the company for the years 2012, 2013 and 2014. The Complainants records were incorporated in that document .

Respondent’s Submission and Presentation:

Non appearance

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. Based on the uncontested evidence of the complainant, I find that he is entitled to a lump sum payment under the Redundancy Payments Acts 1967 to 2007, based on the following criteria:

Date of Commencement:       6 April 1991

Date of Termination:             14 May 2015

Gross Weekly Wage:                     €300.00

This award is made subject to the Complainant having been in insurable employment under the Social Welfare Acts during the relevant period.

In addition, I award the complainant 8 weeks pay, €2,400 as payment in lieu for the breach of Section 4 of Minimum Notice Act 1973-2001.

Patsy Doyle,   Adjudication Officer

Dated: 2^nd June 2016