ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00008865
Parties:
| Complainant | Respondent |
Parties | A Worker | A Retail Business |
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-00011788-001 | 07/06/2017 |
Date of Adjudication Hearing: 06/09/2017
Workplace Relations Commission Adjudication Officer: Niamh O'Carroll Kelly
Procedure:
In accordance with Section 41(4) of the Workplace Relations Act, 2015 and following the presentation by an employee of a complaint of a contravention by an employer of an Act contained in Schedule 5 of the Workplace Relations Act of 2015 or such other act as may be referred to in the 2015 Act, made to the Director General and following a referral by the said Director General of this matter to the Adjudication services, I can confirm that I have fulfilled my obligation to make all relevant inquiries into the complaint or dispute. I have additionally and where appropriate heard the oral evidence of the parties and their witnesses and have taken account of the evidence tendered in the course of the hearing.
The Complainant herein has referred a matter for dispute resolution under Section 39 of the Redundancy Payments Acts 1967 and the referral has been made within six months of the initial circumstances of the relevant contravention.
Background:
The Respondent accepts the complainant is entitled to redundancy but is not in a position to pay. |
Summary of Complainant’s Case:
The complainant commenced work with a third party individual on the 01.07.2003. In January, 2014 the business was transferred pursuant to the Transfer of Undertaking Regulations, to the respondent. In mid 2014, receivers were appointed to the company. In late 2013 RP9’s were issued and all the staff were placed on Lay-off. Pursuant to a Court Order, the receivers took possession in January, 2017. On that date all the employees were made redundancy. |
Summary of Respondent’s Case:
The respondent accepts that facts as outline by the complainant and stated that the company has no assets and no funds available to it and therefore is not in a position to pay redundancy to any of the staff. |
Findings and Conclusions:
The complainant’s details are as follows: Commencement date: 01.07.2003 Termination date: 10.01.2017 Gross weekly Salary: € 402.00 In all the circumstances I find that the complainant is entitled to a redundancy payment. |
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.
The complainant’s claim pursuant to the Redundancy Payments Act, 1967 succeeds. The complainant is entitled to a redundancy payment in line with the details as set out above.
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Dated: 20/09/2017
Workplace Relations Commission Adjudication Officer: Niamh O'Carroll Kelly
Key Words:
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