ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00003943

Complaint for Resolution:

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-00005755-001	10/07/2016

Date of Adjudication Hearing: 15/12/2016

Workplace Relations Commission Adjudication Officer: Pat Brady

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 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.

Complainant’s Submission and Presentation:

The complainant was dismissed by reason of redundancy. He received a phone call from his employer saying that he, the employer was leaving the company. He was essentially left without work and without any indication of what his future position was.

The service being provided by his previous employer was viable and with two weeks an alternative was put in place and he was re-engaged. He has worked continuously since then.

He had the required service of just over two years service but was not given any formal notice of redundancy nor was he given an RP50.

Respondent’s Submission and Presentation:

The respondent did not attend the hearing

Findings and Conclusions

I am satisfied that the respondent was put on notice of the hearing but failed to attend or provide any explanation for his failure to do so.

The complainant’s employment was terminated by reason of redundancy and his service of two years and three weeks brings him within the ambit of the Redundancy Payments Acts.

Accordingly I find that he was made redundant and is entitled to a redundancy payment based on his service of two years and three weeks.

Decision:

Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.

I uphold complaint CA-00005755 The complainant was made redundant and I award the complainant a redundancy payment on the basis of his service of two years and three weeks.

Dated: 10/03/2017