ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00009697

Parties:

	Complainant	Respondent
Anonymised Parties	Butcher	Meat Butchers

Representatives

Thomas Quinn Solicitor T.R Brennan Associates

Did Not Attend

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-00012718-001	21/07/2017

Date of Adjudication Hearing: 05/04/2018

Workplace Relations Commission Adjudication Officer: Eugene Hanly

Procedure:

In accordance with Section 39 of the Redundancy Payments Acts 1967 - 2014following 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 was employed as a Butcher from 16th August 2010 to 8th July 2017. He was paid €646.74 per week. He is seeking his statutory redundancy entitlements.

Summary of Complainant’s Case:

The Complainant’s Representative stated that the business ceased trading but is still listed in the Companies Registration Office as “normal”. The Complainant’s employment ended with the closure of the business. He did not receive his statutory redundancy entitlements. He is claiming statutory redundancy.

Summary of Respondent’s Case:

The Respondent did not attend and was not represented.

Findings and Conclusions:

Based on the uncontested evidence before this hearing I find as follows:

I find that this business has ceased trading.

I find that the Complainant did not receive his statutory entitlements under the Redundancy Payments Acts.

I find that this is a genuine redundancy situation.

I find that the Complainant is entitled to statutory redundancy.

I find that his start date was 16th August 2010.

I find that his termination date was 8th July 2017.

I find that his gross pay was €646.74 per week. A ceiling of €600 per week applies in the calculation of the statutory redundancy payment as per the terms of the Act.

I find that any award under the Redundancy Payments Act is subject to the Complainant having been in insurable employment for the relevant period under the Social Welfare Acts."

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.

I have decided that a genuine redundancy exists.

I have decided that the Complainant is entitled to statutory redundancy entitlement.

I have decided that the Respondent should pay the Complainant his statutory redundancy entitlements under the terms of the Redundancy Payments Acts, within six weeks of the date below.

Dated: 24/08/18

Workplace Relations Commission Adjudication Officer: Eugene Hanly