ADJUDICATION OFFICER DECISION/RECOMMENDATION

Adjudication Reference: ADJ-00008247

Parties:

	Complainant	Respondent
Anonymised Parties	Builder	Construction

Representatives

J. F. GOOLD AND CO

O'Leary & Co. Solicitors

Complaint(s):

Act	Complaint/Dispute Reference No.	Date of Receipt
Complaint seeking adjudication by the Workplace Relations Commission under Section 8 of the Unfair Dismissals Act, 1977	CA-00010966-001	25/04/2017
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967	CA-00010966-002	25/04/2017
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973	CA-00010966-003	25/04/2017

Date of Adjudication Hearing: 12/09/2017

Workplace Relations Commission Adjudication Officer: Jim O'Connell

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 39 of the Redundancy Payments Acts 1967 - 2014 and Section 8 of the Unfair Dismissals Acts, 1977 - 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).

Unfair Dismissals Acts 1977

CA—00010966-001

Withdrawn at hearing

Redundancy Payment Act 1967

CA-00010966-002

Background

The claimant was in continuous employment from the 18^th July 1988. He was placed on temporary lay off on the 11^th January 2017 and informed that he would be returning to work on the 7^th February 2017. On the 6^th February 2017 he received notice that the respondent was not in position to continue to employee him. I have not received my redundancy entitlement from the respondent commenced.

Findings:

The Respondent was not present, however a statement was presented at the hearing by the claimant’s representative confirming that agreement had been reached with the respondent’s legal advisors showing what redundancy the claimant was entitled to I was 57.02 weeks + 1 weeks bonus week = €31, 911.00

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.

I find the complaint to be well founded and I award the claimant €31,911.00 in redundancy payments

Minimum Notice & Terms of Employment Act 1973

CA-000109066-003

Findings:

Based on the service of the claimant he is entitled to 8 weeks notice @ €550 gross per week = €4440.00 gross.

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.

I find the complaint to be well founded and I award the claimant €4440 .00 gross as notice payment

Dated: 12 October 2017

Workplace Relations Commission Adjudication Officer: Jim O'Connell