ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00007665
Parties:
| Complainant | Respondent |
Parties | General Operative | Construction Company |
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-00010337-001 | 21/03/2017 |
Date of Adjudication Hearing: 28/06/2017
Workplace Relations Commission Adjudication Officer: Rosaleen Glackin
Procedure:
In accordance with Section 39 of the Redundancy Payments Acts 1967 - 2014 and 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 Complainnat was employed from 5th August 2011 until he was placed on temporary lay-off effective from 23rd December 2016. The Complainant was paid €546.00 gross per week and he worked 39 hours a week. The Complainnat referred a complaint to the Workplace Relations Commission on 21st March 2017 claiming his Redundancy entitlements. A Representative for the Respondent phoned the Office to inform that he would not be attending the Hearing scheduled for 27th June 2017 as he was awaiting the appointment of a Liquidator. |
Summary of Complainant’s Case:
The Complainant stated that he was placed on Temporary Lay-off on 23rd December 2016. This was confirmed by the Respondent Company in an email dated 7th February 2017 to the Complainant confirming that pay in respect of annual leave was due for the 2016/2017 annual leave year and that wages for December 2016 was also due to him. The Complainant served an RP9 Form on the Respondent Company by registered post on 9th March 2017 and evidence was provided of this at the Hearing. |
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.
In accordance with Section 39 of the Redundancy Payments Act, 1967 – 2012 I declare this complaint is well founded. I direct the Respondent to pay the Complainant his statutory redundancy entitlements as provided for in the Act within 42 days of the date of this Decision. |
Dated: 23/08/2017
Workplace Relations Commission Adjudication Officer: Rosaleen Glackin
Key Words:
Statutory Redundancy |