ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00006188
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-00008421-001 | 28/11/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00008421-002 | 28/11/2016 |
Date of Adjudication Hearing: 22/03/2017
Workplace Relations Commission Adjudication Officer: John Tierney
Location of Hearing: Room G.06 Lansdowne House
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 [and/or Section 39 of the Redundancy Payments Acts 1967 - 2014 and/or Section 8 of the Unfair Dismissals Acts, 1977 - 2015, and/or Section 9 of the Protection of Employees (Employers’ Insolvency) Acts, 1984 - 2012, and/or Part VII of the Pensions Acts 1990 - 2015 and/or Section 79 of the Employment Equality Acts, 1998 - 2015, and/or Section 25 of the Equal Status Act, 2000, and/or Section 13 of the Industrial Relations Acts 1969] 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 Claimant was let go in March 2016 after the business when into liquidation |
Summary of Complainant’s Case:
The Claimant had worked for the Respondent since 2008. She did not receive notice or her redundancy entitlement. |
Summary of Respondent’s Case:
There was an unexplained absence of the Respondent. |
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.
[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.]
As there was an unexplained absence of the Respondent I accept the uncontested evidence presented on behalf of the Claimant and find her claims well-founded. I make the following awards; Under CA-8421-001 I find the claimant is entitled to a redundancy under the 1967 Act Under CA-8421-002 I find she is entitled to payment of notice and award €967.38 |
Dated: 13th June 2017
Workplace Relations Commission Adjudication Officer: John Tierney
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