ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00005364
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-00007396-001 | 04/10/2016 |
Venue: WRC; Lansdowne House, Dublin 4.
Date of Adjudication Hearing: 15/12/2016
Workplace Relations Commission Adjudication Officer: Eugene Hanly
Procedure:
In accordance with Section 39 of the Redundancy Payments Act, 1967 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.
Attendance at Hearing:
By | Complainant | Respondent |
Parties | A Mechanic | An Auto Garage |
Background
The Complainant was employed as a Mechanic from 27th August 2013 to 29th April 2016. He was paid €600.00 per week. He stated that the business closed down on 29th April 2016. He did not get his statutory redundancy entitlements.
Complainant’s Submission and Presentation:
The Complainant’s employer's business closed down. He was given a redundancy calculator results form by his employer on which it states that he should receive €3,816 in payment. When he inquired recently about this redundancy payment, he was informed by the accountant that he will not be receiving any such payment. |
Respondent’s Submission and Presentation:
The Respondent did not attend and was not represented.
Findings
I note correspondence on file advising both parties to this dispute of the details of the hearing.
I note that the Respondent did not attend and was not represented.
Based on uncontested evidence before this hearing I accept the Complainant’s evidence that this employment ceased trading on 29th April 2016 and that he did not receive redundancy payment.
I find that a genuine redundancy situation arises.
I note that the Complainant had in excess of two years continuous service therefore I find that he is entitled to receive statutory redundancy.
I find that he had 2 years and 247 days service which is 2.68 years. I find that he is entitled to 5.36 weeks plus a bonus week at €600.00 maximum per week, which amounts to €3,816.00.
Decision:
Section 39 of the Redundancy Payments Act, 1967 requires that I make a decision in relation to the complaint.
I have decided that the Complainant should receive statutory redundancy amounting to €3,816.00 within six weeks of the date below.
Eugene Hanly
Adjudication Officer
Dated: 06 March 2017