ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00007304
Parties:
| Complainant | Respondent |
Parties | A General Operative | A Provider of Environmental services |
Complaint:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00009861-001 | 22nd February 2017 |
Date of Adjudication Hearing: 5th July 2017
Workplace Relations Commission Adjudication Officer: Kevin Baneham
Procedure:
On the 22nd February 2017, the complainant referred a complaint to the Workplace Relations Commission pursuant to the Redundancy Payments Acts. The complaint was scheduled for adjudication on the 5th July 2017.
At the time the adjudication hearing was scheduled to commence, it became apparent that there was no appearance by or on behalf of the respondent. I verified that the respondent had been served with notice of the time, date and venue of the adjudication. Having been satisfied of this and waited some time to accommodate a late arrival, I proceeded with the hearing in the absence of the respondent.
In accordance with Section 39 of the Redundancy Payments Acts 1967 - 2014 following the referral of the complaint to me by the Director General of the Workplace Relations Commission, 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.
Summary of Complainant’s Case:
The complainant commenced working for the respondent on the 2nd February 2012. His pay was €599.92 per week. Addressing the end of his employment, the complainant said that on the 21st March 2106 he received a telephone call from the Managing Director of the respondent to say that he and everyone else were being let go. They were then on a job in a northern town and had to leave. That was the end of his employment with the respondent. He kept in touch with the Managing Director, who told him that there were no funds to pay redundancy. The complainant was not paid notice pay.
Summary of Respondent’s Case:
The respondent did not attend the adjudication and nor did it make submissions in advance of it.
Findings and Conclusions:
According to the uncontroverted evidence of the complainant, he was dismissed on the grounds of redundancy on the 21st March 2016. I find that the complainant is entitled to a redundancy lump sum payment in accordance with the Redundancy Payments Acts on the following criteria:
Date of start of employment: 2nd February 2012
Average weekly gross pay: €599.92
Date of end of employment: 21st March 2016
Decision:
CA-00009861-001
Section 39 of the Redundancy Payments Act requires that I make a decision in relation to the complaint.
I decide that, pursuant to the Redundancy Payment Acts 1967 - 2014, the complainant is entitled to a redundancy lump sum calculated according to the following criteria:
Date of start of employment: 2nd February 2012
Average weekly gross pay: €599.92
Date of end of employment: 21st March 2016
This award is made subject to the complainant having been in insurable employment under the Social Welfare Acts during the respective period of employment.
Dated: 23/08/2017
Workplace Relations Commission Adjudication Officer: Kevin Baneham
Key Words:
Redundancy Payments Acts