ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00004632

Complaint for Resolution:

Date of Adjudication Hearing: 1st December 2016

Workplace Relations Commission Adjudication Officer: Kevin Baneham

Procedure:

On the 10^th August 2016, the complainant referred a complaint to the Workplace Relations Commission pursuant to the Redundancy Payment Acts. The complaint was scheduled for adjudication on the 1^st December 2016. The complainant is a shop worker and the respondent operated an off-licence.

At the time the adjudication was scheduled to commence, it became apparent that there was no appearance by or on behalf of the respondent. I verified that the respondent was on notice of the time, date and venue of the adjudication. Having been satisfied of this, and having waited some time for a late arrival, I proceeded with the adjudication in the absence of the respondent.

In accordance with section 39 of the Redundancy Payments Act following the referral of the complaint to me by the Director General of the Workplace Relations Commission, 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.

Complainant’s Submission and Presentation:

The complainant outlined that his employment commenced on the 5^th July 2013 and came to an end on the 18^th September 2015. He had worked full time for the respondent, working a 38-hour week. He was paid €657.40 fortnightly, i.e. in the amount €328.70 per week. He outlined that the respondent business closed abruptly and that his last day of work had been the 18^th September 2015. It was only on this day that he knew that the business was to close. He confirmed that there had been no periods of lay-off or short time while he worked for the respondent. The complainant confirmed that this claim relates to his entitlement to a lump sum payment pursuant to the Redundancy Payment Acts.

Respondent’s Submission and Presentation:

The respondent did not attend the adjudication and did not make submissions in relation to the complaint.

Findings and reasoning:

From the uncontroverted evidence of the complainant, he worked for the respondent between the 5^th July 2013 and the 18^th September 2015. He was paid €328.70 per week. His employment came to an end in an abrupt fashion when the business closed immediately. Taking these factors together, the complainant has established his entitlement to a lump sum payment under the Redundancy Payment Act.

Decision:

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

On the basis of the above findings, I determine that the complainant is entitled to a lump sum payment pursuant to the Redundancy Payments Acts 1967 to 2014 on the following criteria:

Employment commencement date: 5^th July 2013

Employment end date: 18^th September 2015

Average weekly wage: €328.70

This award is made subject to the complainant having been in insurable employment under the Social Welfare Acts during this employment.

Dated:   25^th April 2017