ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00002720

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

Date of Adjudication Hearing: 14/02/2017

Workplace Relations Commission Adjudication Officer: Michael McEntee

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 , Section 6 of the Payment of Wages Act, 1991 and or 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). There were two sittings in this hearing - 20^th July 2016 and 14^th February 2017.

Complainant’s Submission and Presentation:

Respondent’s Submission and Presentation:

The Respondent attended on the 20^th July 2016 and gave undertakings to address the employee’s concerns.

On the 20^th July the Respondent stated that the Company had lost its major delivery contract with a leading supermarket chain and it was effectively now out of business. The Respondent had attempted, using his personal funds, to keep the business going in the short term. However this could not last long.

At the resumed hearing on the 14^th February 2017 the Respondent did not attend.

Decision:

Section 41(4) of the Workplace Relations Act 2015 and or Section 39 of the Redundancy Payments Act, 1967 and or Section 6 of the payment of Wages Act, 1991 require 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.

Issues for Decision:

Is there a valid Payment of Wages claim and a valid Redundancy claim?

Legislation involved and requirements of legislation:

Payment of Wages Act, 1991;

Redundancy Payments Act, 1967

Decision:

Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 - CA-00003791-001

This claim was withdrawn by the Complainant as the Respondent had paid, in the interim, all monies due in relation to wages.

Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 - CA-00003791-002

The Complainant was unsure of the exact dates of his employment particularly his end date. No formal end of employment documentation was produced. At the hearing on the 20^th July 2016, the start date of the 30 January 2003 was not challenged by the Respondent. The Respondent undertook to consult with his recently engaged Accountant and clarify for the Adjudicator the dates of termination. It was unclear to the Respondent if the Company had actually been wound up. In relation to a claim being made on the Insolvency Fund the end date of the Company was a crucial piece of information. None of this promised information was supplied.

The Respondent asserted, in July 2016, that the period of employment of all the employees by the Respondent Company , including the Complainant, was to the end of September 2015. The Respondent had tried using his personal resources to provide some casual work via his own legally separate private Company after that date.

In the absence of the Respondent at the second hearing and the failure to provide any employment records I accepted the Complainant’s statement that he was placed on Job Seekers Benefit from the 30^th January 2016 giving an employment end date, as regards the Department of Social Protection, of the 29^th January 2016. The Respondent at the first hearing had maintained that the employment had ended in late September 2015. This date will need to be further clarified on the processing of a payment for a Redundancy claim.

Taking all the evidence into account and under the provisions of Section 39 of the Redundancy Payments Act,1967 I find that the Complainant is due Statutory Redundancy (under the standard formula set out on the Department of Social Protection website) for the period of his employment from 30^th January 2003 to an end date of 29^th January 2016.

The Redundancy Lump Sum to be paid as soon as possible.

Dated:   20^th February 2017