ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00008245
Parties:
| Complainant | Respondent |
Parties | General Operative | Construction |
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-00010968-001 | 25/04/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00010968-002 | 25/04/2017 |
Complaint seeking adjudication by the Workplace Relations Commission under Section 11 of the Minimum Notice & Terms of Employment Act, 1973 | CA-00010968-003 | 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/or Section 8 of the Unfair Dismissals Acts, 1977 - 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 Dismissal Acts 1977
CA-00010968-001 - withdrawn at hearing
Redundancy Payments Acts 1977
Ca-00010968-002
Background:
The claimant was employed by the respondent from 29th January 1996 as a General Operative. He was paid €620 gross (€530 net) per week. It was submitted on his behalf that he was placed on temporary lay off on the 11th January 2017 and informed that he would be returning to work on the 7th February 2017. On the 6th February 2017 the claimant received notice that the respondent was not in a position to continue to employ him. The claimant submitted that he did not receive his redundancy payment from the respondent.
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. e.
Statutory Entitlement 41.94 weeks plus 1 bonus week = €25, 764.00
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 based on the information place before me the complaint is well founded and the Claimant is entitled to the sum of €25, 764.00 in redundancy payments.
Minimum Notice & terms of Employment Act1073
CA-00010968-003
Findings
Based on the service the claimant is entitled to 8 weeks’ notice at €620 per week
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 the sum of €4960 gross as notice payment.
Dated: 13/10/17
Workplace Relations Commission Adjudication Officer: Jim O'Connell
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