ADJUDICATION OFFICER DECISION
Adjudication Decision Reference: ADJ-00006205
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-00008508-001 | 01/12/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00008508-002 | 01/12/2016 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00008508-003 | 01/12/2016 |
Date of Adjudication Hearing: 31/01/2017
Workplace Relations Commission Adjudication Officer: Michael McEntee
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015 and or Section 39 of the Redundancy Payments Act, 1967 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).
Complainant’s Submission and Presentation:
The owner of Respondent (small school) died and the property passed over to family. The family decided to close the school and sell. However, there are sitting tenants (family) who live at the house proper attached. There appears to be a legal issue going on between the family. I sent a letter to the Secretary Ms. X by registered post 21/10/2016 requesting my redundancy but to date I have not received any reply. |
The owner of Respondent (small school) died and the property passed over to family. The family decided to close the school and sell. However, there are sitting tenants (family) who live at the house proper attached. There appears to be a legal issue going on between the family. I sent a letter to the Secretary Ms. X by registered post 21/10/2016 requesting my redundancy but to date I have not received any reply. |
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Respondent’s Submission and Presentation:
The Respondent did not attend the hearing and no submission was received.
Decision:
Section 41(4) of the Workplace Relations Act 2015 and or Section 39 of the Redundancy Payments Act, 1967 require that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions of the cited Acts.
Issues for Decision:
Is the Complainant entitled to a Redundancy Payment under the Redundancy Payments Act, 1967?
Legislation involved and requirements of legislation:
Redundancy Payments Act, 1967
Decision:
Complaint references CA-00008508-001 to CA-00008508-003
The Respondent employer did not attend the hearing and no submission was received. I was satisfied that proper notice of the hearing had been served.
The date of employment cessation was given on the P45 as the 17/06/2016 .The Commencement date was somewhat unclear (being in the records of the Respondent) but was stated to be in oral evidence ( on the claim form it was the 1st January 2006) the 1st September 2006. If needs be this can be clarified by the Respondent or failing that the records of the Department of Social Protection.
On the credible evidence of the Complainant I was satisfied that an entitlement to a Redundancy Payment as provided for in the Act exists and direct ,under Section 39 of the Redundancy Payments Act,1967 , that it be made as soon as possible.
Dated: 02/05/2017