ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00002563

Complaint 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-00003604-001	31/03/2016

Date of Adjudication Hearing: 05/07/2016

Workplace Relations Commission Adjudication Officer: John Walsh

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 and under Section 39 of the Redundancy Payments Act 1967 following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.

Attendance at Hearing:

By	Complainant	Respondent
Parties	An Employee	A Nightclub

Background

The Complainant was employed as a Cleaning Supervisor from the 12^th of April 2009 to the 4^th of January 2016. He alleges that he was not paid his redundancy entitlements on the termination of his employment contrary to Section 19 of the Redundancy Payments Act, 1967. He filed a complaint with the Workplace Relations Commission on the 31^st of March 2016.

Complainant’s Submission:

The following is a summary of the Complainant’s submission;

That he was paid at the rate of €400 gross per week for working 40 hours. That he was made redundant by the Respondent on the 4^th of January 2016. That the Respondent failed to pay him his redundancy entitlements on the termination of his employment.

The following is a calculation of his redundancy entitlements;

Date of Birth: 10/9/1976

Start Date: 11/4/2009

Date of Notice of Termination: 4/1/2016

Employment End Date: 4/1/2016

Gross Weekly Wage: €400

Wage Ceiling: €600

Years: 6

Days: 269

Number of Years’ Service: 6.74

Wages Due: 13.48

Plus bonus Week: 1

Total Weeks: 14.48

Statutory Entitlement: 4.48 x €400 = €5,792

Respondent’s Submission:

The Respondent did not attend at the hearing.

Findings:

Based on the uncontested evidence presented by the Complainant at the hearing, I find that the Respondent failed to pay him his redundancy entitlements.

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 and under Section 39 of the Redundancy Payments Act, 1967.

Based on the uncontested evidence presented at the hearing by the Complainant, I find that this complaint is well founded. I order the Respondent to pay to the Complainant his redundancy entitlements in line with Section 19 of the Redundancy Payments Act, 1976.

Dated: 11^th November 2016