ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00009987
Complaint:
|
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-00011931-001 | 16/06/2017 |
Date of Adjudication Hearing: 13/11/2017
Workplace Relations Commission Adjudication Officer: Eugene Hanly
Procedure:
In accordance with Section 39 of the Redundancy Payments Acts 1967 - 2014 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 Operations Manager from 15th December 2014 to 11th December 2016. He was paid €673.00 per week. He has claimed that the Redundancy Payments section of the named Government Department incorrectly declined his claim for statutory redundancy payment. |
Summary of Complainant’s Case:
The Complainant stated that he made a complaint for statutory redundancy through the Redundancy Payments Section of the named Government Department. They declined the payment alleging that he had not 104 weeks of insurable contributions. He supplied copies of P60s and P45 which shows that he had 104 contributions and so should have received the redundancy payments. He listed his former employer on the complaint form. He accepts that this should have been the named Government Department. |
Summary of Respondent’s Case:
No Respondent was in attendance |
Findings and Conclusions:
Based on the evidence presented I find that the respondent to these proceedings should have been the Redundancy Payments Section of the named Government Department, not the former employer.
I find that this complaint is misconceived.
Decision:
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.
For the above stated reasons, I have decided that this complaint is misconceived. |
Dated: 11/12/2017
Workplace Relations Commission Adjudication Officer: Eugene Hanly
Key Words:
Redundancy Payments section declined his claim for statutory redundancy. |