ADJ-00006397

ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00006397

Complaint for Resolution:

Date of Adjudication Hearing: 14th February 2017

Workplace Relations Commission Adjudication Officer: Seán Reilly 

Procedure:

In accordance with Section 41 of the Workplace Relations Act 2015 and 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:

Summary of Complainant’s Case:

The Complainant was submitting that he had not been paid his statutory redundancy payments when his employment was terminated by way of redundancy by the Respondent. 

The Complainant said that he was employed by the Respondent from 6^th November 2012 and that his normal weekly rate of pay was €450.00c   He said his employment was terminated by reason of redundancy with effect from 24^th October 2016.   The Complainant said that he was laid off from work by the Respondent without pay with effect from 25^th October 2016 and that he had been on short-time working as defined in the 1967 Act for a short period of 5/6 consecutive weeks before that date.

The Complainant said that he wrote to the Respondent by registered post letter of 8^th November 2016, including Form RP9 seeking/claiming his statutory redundancy payment by reason of his short time/layoff.   The Complainant said that he received no response from the Respondent and that he further submitted Form RP77 on 21^st November 2016, also by registered post.

The Complainant confirmed that there was no break in his continuity of employment in the period from 6^th November 2012 to 24^th October 2016.

The Complainant said that he received no response or no redundancy payment from the Respondent.

The Complainant sought a favourable decision. 

Summary of Respondent’s Position:

The Respondent was not present or represented and they sent no submissions. 

Findings and Decision:

Section 41 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.

Section 39 of the Redundancy Payments Act 1967, requires that I make a decision in relation to the complainant in accordance with the same provisions of the same Section of that Act.

The Respondent was not present or represented at the Hearing and they sent no submissions, accordingly I only have the evidence and submissions of the Complainant to rely upon in these matters.

Based on the uncontested evidence of the Complainant the following facts were established at the Hearing:

• The Complainant was employed by the Respondent on a period of unbroken continuous service from 6^th November 2012 to 24^th October 2016

• The Complainant’s normal weekly rate of pay was €450.00c gross.

• The Complainant wrote to the Respondent on 8^th November 2016, when he had been on a combined period short-time working and layoff of at least 6 weeks including Form RP9 seeking his statutory redundancy by reason of this short-time working and layoff. 

• The Complainant received no response from the Respondent to Form RP9 or his correspondence of 8^th November 2017. 

• The Complainant submitted his claim/complaint to the WRC on 14^th December 2016.

Based on the foregoing I find and declare that the complaint under Section 39 of the Redundancy Payments Act 1967 is well founded and it is upheld.   I require the Respondent to pay the Complainant his statutory redundancy payment based on his weekly wage of €450.00c and his unbroken continuous service from 6^th November 2012 to 24^th October 2016. 

Seán Reilly,

Adjudication Officer.  

Dated:   14 March 2017