ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00006862
Parties:
| Complainant | Respondent |
Anonymised Parties | An Engineer | A Private Company |
Complaint(s):
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-00009239-001 | 23/01/2017 |
Date of Adjudication Hearing: 31/05/2017
Workplace Relations Commission Adjudication Officer: John Tierney
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 [and/or Section 39 of the Redundancy Payments Acts 1967 - 2014] 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).
Background:
The Claimant is seeking redundancy entitlement. |
Summary of Complainant’s Case:
The Claimant was employed by the Respondent from 10 December 2012 until 31 August 2016. His gross pay was €3,333.00 per month. He was not paid his redundancy pay when the company ceased trading. |
Summary of Respondent’s Case:
There was an unexplained absence of the Respondent. |
Decision:
Section 41 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.
[Section 39 of the Redundancy Payments Acts 1967 – 2012 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.]
As there was an unexplained absence of the Respondent I accept the uncontested evidence presented by the Claimant. I find the claim well founded and declare that he has an entitlement to a payment under the Redundancy Act 1967 – 2014. |
Dated: 31/08/2017
Workplace Relations Commission Adjudication Officer: John Tierney