ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00001670
Complaint for Resolution:
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Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 |
CA-00002208-001 |
27/01/2016 |
Date of Adjudication Hearing: 31/03/2016
Workplace Relations Commission Adjudication Officer: Patsy Doyle
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015, and Section 39 of the Redundancy Payments Act, 1967, following referral of the complaint 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 worked as a service engineer at the respondent electrical shop from 2 May 1984. He worked a 19 hour week and received €163.70 per week. He did not receive a pay slip. The respondent took over the family business in 1993 and the complainant worked without incident until the respondent closed the business without notice on 7 February, 2015. The complainant sought his redundancy payment and heard nothing. He filed a RP 77 on 13 January 2016. The complainant gave evidence that he had worked continuously at the business since 2 May 1984 post completion of his ANCO course.
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Respondent’s Submission and Presentation:
The Respondent did not attend the hearing
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 provisions under Schedule 6 of that Act .I also need to make a decision under the Redundancy Payments Acts.
I am satisfied that all parties were on notice of the hearing on 31 March 2016. As there was no appearance by or on behalf of the respondent, I heard the complainant’s uncontested evidence.
I find that the complainant is entitled to a redundancy payment calculated on the following criteria:
Date of Commencement: 2 May 1984
Date of Termination: 7 February 2015
Gross Weekly Wage: €163.70
The award is made subject to the appellant having been in insurable employment under the Social Welfare Acts during the relevant period.
Dated: 28/06/2016