ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00008785

Parties:

	Complainant	Respondent
Anonymised Parties	Technician	Phone & Computer Repairs Company

Representatives

Complaint:

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-00011332-001	15/05/2017
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967	CA-00011332-002	15/05/2017

Date of Adjudication Hearing: 12/09/2017

Procedure:

In accordance with Section 39 of the Redundancy Payments Acts 1967 - 2014 following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.

Background:

The Complainant was employed as a Technician from 23^rd September 2013 to 3^rd April 2017. He was paid €25,000 per annum. He has claimed that he did not receive his statutory redundancy entitlements.

In addition he claimed total of 7 days’ pay in wages and holidays but this has been paid and will not feature in this decision.

CA 11332 -001/002

Summary of Complainant’s Case:

The Complainant stated that he was placed on lay-off and after a period of four weeks he signed the form RP9 seeking redundancy payment. He did not receive it. He is seeking his statutory entitlements.

Summary of Respondent’s Case:

The Respondent accepts that he was employed for the period as set out above and was paid €25,000 per annum. He had to lay off the Complainant due to a down turn in business. He accepts that the Complainant signed the form RP9 and gave it to him. He had no funds to pay the redundancy. He understood that it would be paid by Social Welfare.

Findings and Conclusions:

I find that a genuine redundancy situation has arisen.

I note that the Respondent has no funds to pay the redundancy.

I find that the Complainant is entitled top statutory redundancy as per the terms of the Redundancy Payments Act.

I find that his start date is 23^rd September 2013, his termination date is 3^rd April 2017 and his weekly rate of pay is €480.77.

Any award under the Redundancy Payments Act is subject to the Complainant having been in insurable employment for the relevant period under Social Welfare Acts.

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 have decided that the Complainant is entitled to statutory redundancy as per the terms of the Redundancy Payments Act.

I require the Respondent to pay the Complainant his statutory entitlements within six weeks of the date below.

Dated: 10 October

Key Words:

Redundancy payment