ADJUDICATION OFFICER RECOMMENDATION

Adjudication Decision Reference: ADJ-00003198

Dispute for Resolution:

Venue: WRC; Tom Johnson House, Haddington Road, Dublin 4.

Date of Adjudication Hearing: 11/10/2016

Workplace Relations Commission Adjudication Officer: Eugene Hanly

Procedure:

In accordance with Section 13 of the Industrial Relations Act, 1969 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 a Supervisor on a CE Scheme since 2001. He was paid €772.50 per week. His position was made redundant on 12^th February 2016. He is seeking an enhanced redundancy payment, statutory minimum notice and holiday pay.

Complainant’s Submission and Presentation:

1) Enhanced Redundancy payment

The Scheme was funded by the Department of Social Protection. Following a review of the scheme it was decided not to continue with it. The Scheme had to be wound up as they were no able to get adequate employer’s liability insurance. The Department wrote to the Respondent to advise that the Scheme would close on 16^th February 2016. This resulted in the position of the Complainant becoming redundant. Following lengthy correspondence with the Department t of Social Protection he received statutory redundancy on 7^th July 2016.

He is seeking the enhanced payment based on an additional 3.35 weeks X 14 years X €772.50 = €36,230.

2) Minimum Notice

He did not receive minimum notice. He has claimed 6 week’s pay amounting to €4,635.

3) Holidays

He stated that he is owed 9 days holidays amounting to €1,390.50.

Respondent’s Submission and Presentation:

The Respondent did not attend and was not represented.

Findings

Based on the uncontested evidence before the hearing I find as follows:

1) Enhanced Redundancy payment

I note that the Labour Court ruled that an enhanced redundancy payment of 3.35 weeks per year of service should be paid.

I note that he received statutory redundancy only.

I find that he is entitled to the enhanced redundancy payment.

2) Minimum Notice

I find that he did not receive minimum notice and so is entitled to 6 week’s pay as per the Minimum Notice and Terms of Employment Act amounting to €4,635.

3) Holiday pay

I find that he is owed 9 days holidays as claimed, amounting to €1,390.50.

Recommendation:

Section 13 (3)(i) of the Industrial Relations Act, 1969 requires that I make a recommendation to the parties to the dispute.

1) Enhanced Redundancy Payment

I recommend that the Complainant is paid the enhanced redundancy payment as provided by the Labour Court ruling.

2) Minimum Notice

I recommend that the Respondent pays the Complainant minimum notice amounting to €4,635.

3) Holiday Pay

I recommend that the Respondent pays the Complainant 9 days’ holidays amounting to €1,390.50.

These amounts are to be paid within six weeks of the date below.

Eugene Hanly

Adjudication Officer

Dated:   25^th January 2017