ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00005566

Complaint(s)/Dispute(s) for Resolution:

Date of Adjudication Hearing: 11/01/2017

Workplace Relations Commission Adjudication Officer: Roger McGrath

Procedure:

In accordance with 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). 

Complainant’s Submission and Presentation:

The complaint was received by the WRC on 24th October 2016.

The complainant, a fitter, was employed by the respondent, a small engineering company, from 3^rd March 1990, until 23rd September 2016.

The complainant was given three days verbal notice that the company was about to close. He was told that the company was not in a position to pay redundancy. The complainant sought an RP45 Form from his employer and his employer’s accountant but none was forthcoming.

Respondent’s Submission and Presentation:

The respondent did not attend the hearing.

Decision:

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 of that Act.

Based on the uncontested evidence of the complainant I find the claim for redundancy payment is upheld.

The calculation for the award of redundancy is based on the following information:

Date of commencement; 1^st March 1990

Date of termination; 23^rd September 2016

Gross weekly pay; €675.00

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

Dated:   26/04/2017