ADJ-00004028

ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00004028

Parties:

	Complainant	Respondent
Parties	A Production Manager	A 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-00005815-001	12/07/2016
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991	CA-00006608-001	23/08/2016

Date of Adjudication Hearing: 24/10/2016

Workplace Relations Commission Adjudication Officer: Michael Hayes

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and the abovementioned Acts, 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 respondent employed the complainant as a production manager in the period from 18^th of May 1986 until the 1^st of April 2016 at which point the business ceased. He was paid €624 and worked 39 hours per week. The parties made oral submission to the hearing.

Summary of Complainant’s Case:

The complainant submits that he was made redundant from his employment without notice on the 1^st of April 2016. Furthermore he submits that he was owed 29.52 days of annual leave in the amount of €3,684 on cessation and that he was not paid his entitlement to statutory minimum notice in the amount of €4,994.

Summary of Respondent’s Case:

The respondent accepts that the complainant was made redundant from his position arising from an untenable trading situation and that he was not paid his entitlement to annual leave or statutory minimum notice as claimed.

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. Furthermore 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.

CA00005815-001: - I find that the circumstances herein amount to redundancy within the meaning of the Act and that therefore the complaint is well founded. The relevant dates and weekly earnings amount are referenced above and form the basis of the complainant’s entitlement to redundancy lump sum.

CA00006608-001: - I find that the complaint is well founded and hereby require that the respondent pay the complainant €7,593.25 (say seven thousand five hundred and ninety three euro and 25 cent) net in compensation for breach of s. 5 of the Act.

Dated: 19 May 2017

Workplace Relations Commission Adjudication Officer: Michael Hayes.