ADJ-00005192

ADJUDICATION OFFICER DECISION/RECOMMENDATION 

Adjudication Reference: ADJ-00005192

Parties:

Complaint(s):

Date of Adjudication Hearing: 02/02/2017

Workplace Relations Commission Adjudication Officer: Michael Hayes

Procedure:

In accordance with Section 39 of the Redundancy Payments Acts 1967 – 2012, 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 general operative in the period from 8^th of May 2009 until the 14^thof April 2016 at which point he was dismissed pursuant to written notice received on the 8^th of May 2016. He was paid €512.12 and worked 40 hours per week. The parties made oral submission to the hearing. 

Summary of Complainant’s Case:

The complainant submits that the dismissal in this case amounts to redundancy within the meaning of the Act. 

Summary of Respondent’s Case:

The respondent accepts that the complainant was made redundant from his position arising from an untenable trading situation.

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 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 as referenced above form the basis of the complainant’s entitlement to redundancy lump sum. 

Dated:               07 June 2017

Workplace Relations Commission Adjudication Officer: Michael Hayes.