ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00004178

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-00006133-001	26/07/2016

WRC; Lansdowne House, Dublin 4

Date of Adjudication Hearing: 01/11/2016

Workplace Relations Commission Adjudication Officer: Eugene Hanly

Procedure:

In accordance with Section 39 of the Redundancy Payments Act 1967 and 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.

Background

The Complainant was employed as a Security Manager from 11^th August 2013 to 6^th January 2016. He was paid €700.00 per week and worked 50 hours per week approx. He has claimed statutory redundancy following the collapse of the company.

Complainant’s Submission and Presentation:

The Complainant stated that the company ran into difficulties in the Autumn of 2015 and lost a key contract. He had difficulty getting paid. He last worked in mid-November 2015. This was a UK based business. He contacted the Managing Director on several occasions seeking his wages and an update on the business. He got no definitive response. He found out on 6^th January 2016 that the business went into liquidation. He received no redundancy from his employer.

He is seeking statutory redundancy as per the terms of the Redundancy Payments Act 1967.

Respondent’s Submission and Presentation:

The Respondent or Liquidator did not attend the hearing.

Issues for Decision:

Based on the uncontested evidence before this hearing I find as follows:

I note that the business went into liquidation.

I note that the Complainant did not receive statutory redundancy.

I note that the Complainant had in excess of two years continuous employment and so is entitled to a redundancy payment.

Decision:

Section 39 of the Redundancy Payments Act 1967 requires that I make a decision in relation to the complaint.

I have decided that the Complainant is entitled to statutory redundancy payment as per the terms of the Redundancy Payment Act 1997.

This is to be made within six weeks of the date below.

Dated: 7-11-2016