ADJ-00004805

ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00004805

Complaint(s)/Dispute(s) for Resolution:  

Date of Adjudication Hearing: 13/02/2017

Workplace Relations Commission Adjudication Officer: Gerry Rooney

Procedure:

In accordance with Section 41(4) 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: 

Complainant’s Submission and Presentation:

The Complainant was employed from 1^st October 2005 until he was made redundant on 30^th June 2016 when the business was closed and he was issued with a RP50. The Complainant was initially employed on a 40 hour week but this was reduced to a 20 hour week from 2013. He received €16.75 per hour.

On 15^th March 2015 the Complaint suffered a workplace accident where he maintained he experienced a serious eye injury and where he was recovering from but was made redundant on 30^thJune 2916 before he returned to work from the accident.

The complainant maintained that contrary to Sec 7 of the Redundancy Payments Act 1967 he was not paid his redundancy payment. Having worked since October 2005 the Complainant argued that he was entitled to 22 weeks statutory redundancy. The Complainant provided evidence to demonstrate he began work in 2005.

Respondent’s Submission and Presentation:

The respondent failed to attend the hearing. I am satisfied the Respondent was notified in writing by the WRC of the hearing date and was provided will all relevant correspondence in advance of the hearing.

Decision:

Section 41(4) 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.

I find the complaint to be well founded and in accordance with section 77 of the Redundancy Payments Acts I uphold the complaint and find the Complainant is entitled to a redundancy payment based on his service from 1^st October 2005 until 30 June 2016 which is 21.9 weeks statutory redundancy payment at gross weekly wage of €335 per week amounting to €7,336.50

Dated:               31 May 2017