ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00007846
Parties:
| Complainant | Respondent |
Anonymised Parties | Foreman | Construction company |
Representatives |
| Thomas Forkin |
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-00010481-001 | 29/03/2017 |
Date of Adjudication Hearing: 01/08/2017
Workplace Relations Commission Adjudication Officer: John Tierney
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).
Background:
The Claimant is seeking his entitlement to a redundancy payment from the Respondent. |
Summary of Complainant’s Case:
The Claimant was given a RP9 form for temporary lay off on 4 January 2017. He waited the required four weeks but was not brought back to work. He then sent a signed Part B of the RP9 form to claim his redundancy lump sum on 2 February 2017 by registered post. He received by return Part C ‘counter notice to employee’s notice of intention to claim redundancy from the Respondent on 7 February 2017. After a further four weeks he was still not back at work. On 6 March he sent the Respondent a RP77 requesting Redundancy Form RP50 of a lump sum payment. He has heard nothing since. |
Summary of Respondent’s Case:
The Respondent explained that because of the downturn in the construction industry he had to lay off his employees. However he has now received ¾ contracts in hand and needs to bring the Claimant back as a foreman. He further stated that has no funds available to pay a redundancy lump sum. |
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.]
I have considered the submissions made by both parties. As I have not been advised that the matter between the parties has been resolved, I must declare that the Claimant has an entitlement to a redundancy lump sum under the Redundancy Payments Act. The Respondent is outside the time frame by ten weeks therefore the Claimant is entitled to be paid his entitlement. I find the claim well founded. |
Dated: 18th October 2017
Workplace Relations Commission Adjudication Officer: John Tierney
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