ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00009049
| Complainant | Respondent |
Anonymised Parties | A worker | A construction company |
Representatives | Self | Did not attend hearing. |
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-00011880-001 | 13/06/2017 |
Date of Adjudication Hearing: 01/09/2017
Workplace Relations Commission Adjudication Officer: Jim Dolan
Procedure:
In accordance with Section 39 of the Redundancy Payments Acts 1967 - 2014 Act, 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).
The hearing of this matter was arranged to take place on Friday 1st September 2017 at 9.30am in the offices of the Workplace Relations Commission (WRC), Lansdowne House, Lansdowne Road, Dublin 4. The complainant attended on time. The respondent did not attend the hearing. Correspondence issued to the respondent outlining the date, venue and time of the hearing some four weeks in advance of the hearing date. On the day of the hearing attempts were made to contact the respondent. I waited until 10.00am and there was no word from the respondent.
I commenced the hearing in the absence of the respondent.
Background:
The complainant commenced employment with the respondent on 04/01/2002 as a roofer. On Friday 1st February 2017 he was called to the office and informed the company were closing and he was being made redundant with immediate effect and that he should claim his statutory redundancy entitlement from the Government. He was given a completed RP50 Form showing both a Notice Date and Redundancy Date of 08/02/2017.The reason inserted on the form is “No work – Business Closing” The complainant eventually received his statutory entitlements from the Social Insurance Fund. |
Summary of Complainant’s Case:
The complainant commenced employment with the respondent on 04/01/2002 as a roofer. On Friday 1st February 2017 he was called to the office and informed the company were closing and he was being made redundant with immediate effect and that he should claim his statutory redundancy entitlement from the Government. He was given a completed RP50 Form showing both a Notice Date and Redundancy Date of 08/02/2017.The reason inserted on the form is “No work – Business Closing” The complainant eventually received his statutory entitlements from the Social Insurance Fund. The complainant was looking for payment in lieu of notice; he had been advised that he was entitled to eight weeks notice or payment in lieu of this notice period. |
Summary of Respondent’s Case:
Respondent did not attend hearing. |
Findings and Conclusions:
Section 17 of the Redundancy Payments Act, 1967 requires an employer to issue notice to an employee in relation to a pending redundancy. In a situation where the employer fails to give such notice the employer is deemed to be in breach of the Act. The complainant is seeking eight weeks pay in lieu of notice that he feels he is entitled to. Under the Minimum Notice and Terms of Employment Acts 1973 – 2005 the complainant would be entitled to this notice period or pay in lieu of this period. This complaint has been referred under the Redundancy Payments Act 1967 and there is no scope to award payment in lieu of the notice period. The complainant accepts that the correct statutory redundancy lump sum was paid to him by the Social Insurance Fund. |
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.
CA – 00011880 – 001 – The complaint under the Redundancy Payments Acts 1967 – 2012 for payment in lieu of notice fails. |
Dated: 03/10/2017
Workplace Relations Commission Adjudication Officer: Jim Dolan
Key Words:
Redundancy, notice, payment in lieu of notice. |