Adjudication Reference: ADJ-00007253
Parties:
| Complainant | Respondent |
Parties | A Worker | A Meat Plant |
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-00009764-001 | 17/02/2017 |
Date of Adjudication Hearing: 24/05/2017
Workplace Relations Commission Adjudication Officer: Emer O'Shea
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 [and/or Section 39 of the Redundancy Payments Acts 1967 - 2014 ]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).
Summary of Complainant’s Case:
The claimant was employed with the respondent from the 2nd.January 2014. She commenced working from home in November 2015 – she was advised by the respondent on the 26th. October 2016 that a dispute had arisen over the ownership of the company and it had been referred to the High Court – resulting in a temporary closure of the plant. The claimant submitted that the early indications the workers received were that they would get their jobs back following the Court Hearing but the position remained unchanged. She submitted the respondent was in breach of the Act for failing to pay her statutory redundancy. |
Summary of Respondent’s Case:
The respondent did not attend and was not represented at the hearing. |
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.
On the basis of the uncontested evidence of the claimant, I am satisfied that the complaint is well founded and I require the respondent to pay the claimant her statutory redundancy within 42 days of the date of this decision. |
Dated: 15/09/2017
Workplace Relations Commission Adjudication Officer: Emer O'Shea