ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00004676
Complaint for Resolution:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00006712-001 | 31st August 2016 |
Date of Adjudication Hearing: 6th January 2017
Workplace Relations Commission Adjudication Officer: Kevin Baneham
Procedure:
On the 31st August 2016, the complainant made an application to the Workplace Relations Commission pursuant to the Redundancy Payments Act. The complaint was scheduled for adjudication on the 6th January 2017. The complainant was a Finance Officer and the respondent is a third level institution.
At the time the adjudication was scheduled to commence, it was apparent that there was no appearance by or on behalf of the respondent. I verified that the respondent was on notice of the time, date and venue of the adjudication and waited some time to accommodate their late arrival. Having been satisfied as to service, I proceeded with the adjudication in the absence of the respondent.
In accordance with Section 39 of the Redundancy Payments Acts 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 outlined that his employment with the respondent commenced on the 9th October 2012 and that his contract was extended on six occasions. His title was that of Finance Officer and he carried out accounting functions for the respondent. He received correspondence on the 27th July 2015 to say that his employment with the respondent was coming to an end. His employment ended on the 31st August 2015. The complainant said that he raised with the respondent that he was being made redundant from his post and that he was entitled to a redundancy lump sum payment. The respondent informed him that they did not pay redundancy. The complainant outlined that his weekly gross income was €1,022 per week.
Respondent’s Submission and Presentation:
The respondent did not make submissions and nor did it attend the adjudication.
Findings and reasoning:
On the basis of the evidence proffered by the complainant, I find that the complainant was dismissed from his employment with the respondent by way of redundancy. I find that he qualifies for a redundancy lump sum payment under the Redundancy Payment Acts, 1967 to 2014, based on the following information:
Date of birth: 14th October 1973
Date of commencement: 9th October 2012
Date of notice of termination: 27th July 2015
Date of termination: 31st August 2015
Weekly gross pay: €1,022
Decision:
Section 39 of the Redundancy Payments Act requires that I make a decision in relation to the complaint.
I decide that, pursuant to the Redundancy Payment Acts, the complainant is entitled to a redundancy lump sum calculated according to the following criteria:
Date of birth: 14th October 1973
Date of commencement: 9th October 2012
Date of notice of termination: 27th July 2015
Date of termination: 31st August 2015
Weekly gross pay: €1,022
This award is made subject to the complainant having been in insurable employment under the Social Welfare Acts during the respective period of employment.
Dated: 03/03/2017