ADJUDICATION OFFICER DECISION/RECOMMENDATION

 Adjudication Reference: ADJ-00008061

Parties:

Complaint(s):

Date of Adjudication Hearing: 12/09/2017

Workplace Relations Commission Adjudication Officer: Michael Hayes

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and 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 respondent employed the complainant as a bowling machine mechanic in the period from 1^st of August 2010 until the 9^th of December 2016. He was paid €484.88 gross or €415.42 net per and worked 39 hours per week.                                                                                                                                              The parties were notified of the time, date and venue set for the hearing.

Summary of Complainant’s Case:

CA-000010688-001 The complainant submits that the business was closed without notice on the 9^th of December 2016. His subsequent attempts to engage with his former employer as it relates to his entitlement to statutory redundancy were unsuccessful.

CA-000010688-002 The complainant submits that the business was closed without notice on the 9^th of December 2016. His subsequent attempts to engage with his former employer as it relates to outstanding wages in the amount of €2,907.94 net and his entitlement to statutory minimum notice in the amount of €1,661.68 were unsuccessful.

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.

CA-000010688-001 Based on the uncontested evidence adduced at hearing I find that the complaint is well founded and that the complainant has a right to payment of statutory redundancy on the basis of the information he supplied viz. commencement 1^st of August 2010, cessation 9^th of December 2016 and gross weekly pay of €485.88.

CA-000010688-001 Based on the uncontested evidence adduced at hearing I find that the complaint is well founded and I hereby require that the respondent pay the complainant €4,569.62 (four thousand five hundred and sixty two euro and 62 cent) net in compensation for breach of s. 5 of the Act.

Dated:   10 October 2017