ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00007358
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-00009889-001 | 24/02/2017 |
Venue: Ardboyne Hotel, Navan, Co. Meath
Date of Adjudication Hearing: 06/06/2017
Workplace Relations Commission Adjudication Officer: John Walsh
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 a Head Man from the 17th of November 2003 to the 24th of June 2017. He was paid at the rate of €509.98 for a 37 hour week. The Respondent failed to pay the Complainant his full-time wages and was effectively placed on part-time work for over a 6 month period. As a result, the Complainant requested that he be made redundant because of the failure of the Respondent to return him to full-time work. The Respondent failed to make the Complainant redundant and to pay him his Statutory Redundancy Entitlements. He filed a complaint with the Workplace Relations Commission on the 24th of February 2017. |
Summary of Complainant’s Case:
The Complainant’s representative outlined the following submission; That he was placed on short time for over six months. That there was no likelihood that he would be taken back on full time employment with the Respondent. He served the Respondent with Part B of the RP9 Form but still the Respondent failed to engage with him. He attempted to serve him with an RP 77 both personally and by Registered Post however, the Respondent failed to accept these documents. He is entitled to be paid his Statutory Redundancy Entitlements. Employment Start Date: 17/11/2003 Date of Notice of Termination: 16/06/2017 Employment End Date: 24/06/2017 Gross Weekly Wage: €509.98 Wage Ceiling: €600 Years Service: 13 Days: 224 Number of Years Service: 13.61 Weeks Due: 27.22 Plus Bonus Week: 1 Total Weeks: 28.22 Statutory Entitlement: 28.22 x €509.98 = €14,391.64 |
Summary of Respondent’s Case:
The Respondent stated that he was not in a position to employ the Complainant on a full-time basis and that he accepts that he has an entitlement to his Statutory Redundancy. However he is not in a position to pay the Statutory Entitlement because of the financial state of the business. He submitted financial accounts from his accountant for the financial year ended 31st of January 2017 and a statement of affairs as at the 31st of May 2017. These documents clearly show that the Respondent company is in a serious financial state. |
Findings and Conclusions:
Based on the evidence presented at the hearing, I find that the complaint is well-founded and that the Complainant is entitled to his Statutory Redundancy. |
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.
I find that the Complainant is entitled to a statutory lump sum under the Redundancy Payments Acts, 1967 to 2014 based on the following criteria;
Date of Commencement: 17/11/03
Date of Termination: 24/6/2017
Gross Weekly Wage: €509.98
This award is made subject to the complainant fulfilling current social welfare requirements in relation to PRSI contributions.
Dated: 9 August 2017
Workplace Relations Commission Adjudication Officer: John Walsh