ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00004199
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-00006055-001 | 20/07/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00006055-002 | 20/07/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00006055-003 | 20/07/2016 |
Date of Adjudication Hearing: 26/10/2016
Workplace Relations Commission Adjudication Officer: Emile Daly
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015 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).
Complainant’s Submission and Presentation:
I received a letter on New Years Eve 2015 informing me that I would no longer have a job from that date forward. My employer did not contact me since. I was requested to contact his representative and got no response from him. Dr Khan was adjudicated bankrupt on 20th June 2016 Record No. 3676 |
I received notice of termination on New Years' Eve informing me my employment was terminated from that date. I had 7 years service with Dr Khan and received no pay in lieu of notice entitlement nor any redundancy payment. |
I received notice of termination on New Years' Eve informing me my employment was terminated from that date. I had 7 years service with Dr Khan and received no pay in lieu of notice entitlement nor any redundancy payment. I understand that the Respondent in the case will now be the official assignee Mr Chris Lehane of Insolvency Service of Ireland given that Dr Khan has now been declared bankrupt by the High Court. |
Respondent’s Submission and Presentation:
No Appearance
Decision:
Section 41(4) of the Workplace Relations Act 2015 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.
Based on the uncontested evidence of the Complainant I find that the claims for minimum notice and redundancy payment are well founded and both claims are upheld. As the claim for minimum notice is duplicated, one of the two claims for minimum notice was withdrawn at hearing.
The award for minimum notice is based on four weeks gross pay for 6 complete years worked. This award under this claim is €2523.92 based on a gross weekly salary of €630.98
The calculation of the award for redundancy is based on the following information
The commencement date of employment was 9 February 2009
The termination date (without notice) was 31 December 2015
The Complainant’s gross pay per week was €630.98
The Complainant’s net pay per week was €475.00
The Respondent is no longer residing within the jurisdiction and now practices in Dubai
The Complainant is now aged 59 years, her date of birth is 6 August 1957.
Dated: 22nd November 2016