ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00006689
Parties:
| Complainant | Respondent |
Anonymised Parties | Lorry driver | Grain and General Haulier |
Representatives | Self | No attendance |
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-00009089-001 | 15/01/2017 |
Date of Adjudication Hearing: 24/04/2017
Workplace Relations Commission Adjudication Officer: Marguerite Buckley
Location of Hearing: The Mullingar Park Hotel
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 started working for the Respondent in March 2014.His employment with the Respondent ended in September 2016 as the owner/director of the Respondent was imprisoned and no longer operating the business. |
Summary of Complainant’s Case:
The Complainant never received a P45 or P60. He was paid on a piecemeal basis dependent on what his load contents were. He never received payslips but was subsequently able to obtain some from the Respondent’s accountant. |
Summary of Respondent’s Case:
The Respondent did not attend. I was advised that the owner/director was no longer in prison. A copy letter of notification of the hearing date addressed to the Respondent at its Registered office was on the file. |
Findings and Conclusions:
Having heard and considered the uncontested circumstances of this case I am satisfied that the employment of the Complainant with the Respondent was terminated by way of 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.
Accordingly, the claim under the Redundancy Payments Acts 1967 to 2007 is allowed and the Complainant is awarded a statutory lump sum under those Acts, and based on the following: Date of Commencement: 1 March 2014 Date of Termination: 30 September 2016 Gross Weekly Wage: €600.00 This award is made subject to the appellant being in insurable employment during the relevant time. |
Dated: 10th July 2017
Workplace Relations Commission Adjudication Officer: Marguerite Buckley
Key Words:
Redundancy |