ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00000468
Complaints 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-00000650-001 | 05/11/2015 |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00000650-002 | 05/11/2015 |
Date of Adjudication Hearing: 10/02/2016
Workplace Relations Commission Adjudication Officer: Kevin Baneham
Procedure:
On the 5th November 2015, the complainant referred a complaint to the Workplace Relations Commission pursuant to the Workplace Relations Act, seeking redress under the Redundancy Payments Acts and the Payment of Wages Acts.
The complaint was scheduled for adjudication at 1pm on the 10th February 2016. The complainant attended in person and was represented by his solicitor, Peter Duff & Co. Solicitors. Due to an overrun from an earlier adjudication, the commencement of this adjudication was delayed to 1.30pm. At the outset of the adjudication, the complainant informed me that he had observed a named director of the respondent in the venue of the adjudication, but that he had left before this time. The adjudication, therefore, proceeded in the absence of any representative of the respondent company.
Complainant’s Submission and Presentation:
The complainant outlined that he commenced employment with the respondent company on the 7th January 2011. He worked in the role as Regional Sales Manager, dealing with Canada, the UK and Ireland. In April 2015, new investors became involved and they sought to introduce substantial changes in staff roles. The complainant said that he was offered an alternative role, but this was not a suitable one. The complainant and the respondent agreed that the effect of the changes was that his role was redundant and that he was given one month’s notice. The complainant’s employment ended on the 9th July 2015. The complainant submitted to the adjudication email correspondence sent on behalf of the respondent, indicating that the complainant was to be made redundant and entitled to a statutory redundancy payment of €6,600 calculated according with the Redundancy Payments Acts.
In respect of the claim under the Payment of Wages Act, the complainant outlined that he was owed €1,730 in unpaid wages. While the respondent had undertaken to make this payment and had issued a pay slip, this money had not been paid to him.
The complainant outlined that he prepared a detailed handover file to facilitate the respondent in managing his clients after his departure. He also liaised extensively with the respondent during July 2015.
The complainant outlined that despite the repeated undertakings made by or on behalf of the respondent, he had not received payment of €6,600 he was entitled to under the Redundancy Payment Acts. He stated that he has also not received the €1,730 owed in pay.
Respondent’s Submission and Presentation:
The respondent, a limited company was not represented at the adjudication and no directors attended on behalf. It made no submissions to the adjudication. The complainant supplied email documentation from a director of the respondent that states that the complainant has been made redundant and is entitled to a redundancy payment in accordance with the Redundancy Payment Acts and that he will receive the monies owed.
Decision:
Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaints in accordance with the relevant redress provisions under Schedule 6 of that Act.
Having considered the written and oral evidence presented to the adjudication, I find as fact that the complainant is entitled to recover the amount of €1,730 owed to him in unpaid wages.
I am further satisfied that a redundancy situation occurred in respect of the complainant and pursuant to the Redundancy Payment Acts, 1967 to 2014, the complainant is entitled to a redundancy lump sum payment of €6,600.
The calculation is based on the on the following information regarding the complainant:
Date of commencement: 1st January 2011
Date of termination: 9th July 2015
Weekly gross pay: €600
This award is made subject to the complainant having been in insurable employment under the Social Welfare Acts during the respective period of employment.
Dated: 30th March 2016