ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00000641
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-00000927-001 | 18/11/2015 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00000931-001 | 18/11/2015 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00000935-001 | 18/11/2015 |
Date of Adjudication Hearing: 25/02/2016
Workplace Relations Commission Adjudication Officer: Michael McEntee
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015 and or 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).
As the Complaints CA-00000927-001 , CA-00000931-001, CA-00000935-001 cover the same subject matter it was deemed that an investigation into CA-00000927-001 would stand for the other two complaints as well.
Complainant’s Submission and Presentation:
I am a Director of the company owing 11% of the company. I was incorrectly placed on the Class S rate of PRSI.I have requested from the liquidator that my records be amended to read the correct rate of Class A PRSI.I have also been denied my benefit under Redundancy and Arrears of wages. |
I am a Director of the company owing 11% of the company. I was incorrectly placed on the Class S rate of PRSI.I have requested from the liquidator that my records be amended to read the correct rate of Class A PRSI.I have also been denied my benefit under Redundancy and Arrears of wages. |
I am a Director of the company owing 11% of the company. I was incorrectly placed on the Class S rate of PRSI.I have requested from the liquidator that my records be amended to read the correct rate of Class A PRSI.I have also been denied my benefit under Redundancy and Arrears of wages. |
Respondent’s Submission and Presentation:
The Respondent – Liquidator – in attendance at the hearing did not offer any opposing evidence or arguments.
Decision:
Section 41(4) of the Workplace Relations Act 2015 and Section 39 of the Redundancy Payments Act, 1967 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.
Issues for Decision:
Eligibility of the Complainant for Statutory Redundancy.
Legislation involved and requirements of legislation:
Redundancy Payments Act, 1967
Decision:
I have reviewed the considerable detailed evidence regarding the employment status of the Complainant presented both orally and in written submission.
I am happy that he fully satisfies the criteria for Statutory Redundancy having been an “employee” as defined by the Act (Section 2 Interpretation).
In supporting evidence correspondence was presented (dated 08/10/2013)from the Respondent’s then Accountants regarding the immediate need to amend the PRSI contribution class of the Complainant from Class S to Class A.
I deem the claim to be well founded.
The Complainant is eligible for a Statutory Redundancy payment.
Dated: 18th May 2016