ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00004427
Complaint(s)/Dispute(s) 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-00006471-001 | 16/08/2016 |
Date of Adjudication Hearing: 18/01/2017
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015] 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).
Complainant’s Submission and Presentation:
The Complainants employer would not sign RP50 form. His employers says he is not in a position to make a payment. The Complainant worked as a Chef from June 3rd 2013 to June 1st 2016 and was made redundant on that date without payment of statutory redundancy. The Complainant earned 390 Euros per week. |
Respondent’s Submission and Presentation:
The Respondent stated that he did make the Complainant redundant but that he did not have the funds to pay the Complainant statutory redundancy.
Decision:
Section 41(4) 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.
Under Section 7.(1) of the 1977 Redundancy Payments Act an employee if dismissed by reason of redundancy he is entitled to statutory redundancy. The Complainant meets all the requirements of the Act and is entitled to statutory redundancy of two weeks per year of service (or part thereof) and a weeks pay. I estimate this to be an amount of 2,730 Euros and award the Complainant this amount of redundancy to be paid within 4 weeks of todays date.
Dated: 10th March 2017