ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00004289
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-00006208-001 | 30/07/2016 |
Date of Adjudication Hearing: 15/03/2017
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Location of Hearing: The Radisson Blu Hotel, Limerick
Procedure:
In accordance with Section 41 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).
Background:
The Complainant was employed as a General Operative from February 2nd 2010 to December 4th 2015 and claimed that he was made redundant by the Respondent but di d not receive any redundancy pay. The Respondent denied he made the Complainant redundant and stated he left of his own accord and that the Complainant owed him money. The starting date was also disputed by the Respondent. |
Decision:
Section 39 of the Redundancy Payments Acts 1967 – 2012 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under that Act.
An initial Hearing was held on December 12th 2016. At that Hearing both parties gave very different accounts of what was paid to the Complainant on cessation of employment and the circumstances leading up to that cessation of employment. The Respondent denied the Complainant had any claim for redundancy due. Both parties were given the opportunity of a Second Hearing to find and provide any documentation to support their case. A second Hearing was held on March 15th 2017, which the Complainant did not attend and the Respondent did attend that Hearing. As there was insufficient evidence provided at the first Hearing by the Complainant to support his claim and no further information was provided due to his absence at the second Hearing I deem that his claim for a redundancy payment is not well founded.
Dated: 11/05/2017
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Key Words:
Disputed Redundancy |