ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00009743
Parties:
| Complainant | Respondent |
Anonymised Parties | General Operative | Care Sales Trader |
Representatives | Appeared in Person | No appearance |
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-00012777-001 | 25/07/2017 |
Date of Adjudication Hearing: 14/12/2017
Workplace Relations Commission Adjudication Officer: Patsy Doyle
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 presented a claim for a Redundancy lump sum payment on 25 July 2017. There was no response or appearance at hearing by the Respondent. |
Summary of Complainant’s Case:
The Complainant gave an outline of his claim for Redundancy. He submitted that he had worked for the Respondent Car Sales from 1 October, 2012 to 30 June 2017. In June 2017, he was informed by the Respondent that the Business was going to close. He received four weeks’ notice that his position was to be terminated. The Respondent informed him that he had insufficient funds to pay Redundancy. There was another employee, but he did not have two years’ service.
The Complainant submitted a copy of P45 and pay slips which identified his gross weekly wage at €341.13. He had not received a RP 50. The Complainant gave evidence of his seeking payment of a Redundancy lump sum payment directly from the Respondent without success. This was a deeply upsetting time for him as he had understood that the Respondent and he were long standing friends and he had tried to help him. The Complainant gave an outline of seeking to commence a self-employment business on foot of the closure of the Respondents business. This was unsuccessful. |
Summary of Respondent’s Case:
There was no appearance by or on behalf of the Respondent at the hearing. No response or defence of the claim has been filed. |
Findings and Conclusions:
I have considered the claim for a Redundancy lump sum payment. I am satisfied that the Respondent was notified of the hearing. I delayed commencement of the hearing to allow for any reasonable delay. The Respondent has not contacted the WRC. I understand from the Complainant that he may have re-grouped his business interests and is trading from a different premise.
From the evidence submitted by the complainant, I am satisfied that a redundancy situation existed in accordance with Section 7(2)(a) of the Act, when the Respondent ceased to trade on 30 June, 2017.
Decision:Section 39 of the Redundancy Payments Acts 1967 – 2012 requires that I decide in relation to the complaint in accordance with the relevant redress provisions under that Act. I award the complainant a redundancy lump sum payment under the Redundancy Payments Acts 1967 to 2014 based on the following details. Date of Commencement: 1 October 2012 Date of Termination: 30 June 2017 Gross Weekly Pay €341.13 There were no reported breaks in service or Lay Offs. This award is made subject to the Complainant having been in insurable employment under the Social welfare acts during the relevant period. |
Dated: 30.4.18
Workplace Relations Commission Adjudication Officer: Patsy Doyle
Key Words:
Redundancy |