ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00007781

Parties:

	Complainant	Respondent
Anonymised Parties	A Worker	A Meat Plant

Complaint(s):

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-00010452-001	28/03/2017

Date of Adjudication Hearing: 28/06/2017

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 [and/or Section 39 of the Redundancy Payments Acts 1967 - 2014] 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).

Summary of Complainant’s Case:

The claimant was employed as an Administrator with the respondent from the 1^st.Sept.2008 - she received a text message from the company accountant on the 26.10.16 advise her to take tomorrow off , that she would be paid for the day and that he would be in touch by phone the following day. Owing to a property dispute that had gone to the High Court the premises remains closed and never reopened since. The claimant had sent the required redundancy documentation to the company solicitor but no response was forthcoming. The claimant submitted the respondent was in breach of the Act for failing to pay her statutory redundancy entitlements.

Summary of Respondent’s Case:

The respondent did not attend and was not represented at the hearing.

Decision:

Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint(s)/dispute(s) in accordance with the relevant redress provisions under Schedule 6 of that Act.

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.

On the basis of the uncontested evidence of the claimant I find the complaint to be well founded and require the respondent to pay the claimant her statutory redundancy within 42 days of the date of this decision.

Dated: 9 November 2017