ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00014690
Parties:
| Complainant | Respondent |
Anonymised Parties | General Operative | Window Fitters |
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-00018995-001 | 06/05/2018 |
Date of Adjudication Hearing: 04/07/2018
Workplace Relations Commission Adjudication Officer: Penelope McGrath
Procedure:
Pursuant to Section 39 of the Redundancy Payment Act of 1967 (as amended) it is directed that the manner of hearing prescribed in Section 41 of the Workplace Relations Act of 2015 shall apply to any question, dispute, complaint or appeal referred to the Director General under the Redundancy Payments Acts of 1967 – 2014.
I have accordingly been directed by the Director General of the Adjudication services, to hear the within complaint and I can confirm that I have fulfilled my obligation to make all relevant inquiries into the complaint. I have additionally and where appropriate heard the oral evidence of the parties and their witnesses and have taken account of the evidence tendered in the course of the hearing.
Background:
The Complainant worked with the Respondent company for in excess of two years. In January of 2018 a Liquidator was appointed to the Company and the staff were made Redundant. The Complainant’s last day of work was the 20th of January 2018. The Complainant was in contact with the Liquidator who indicated a willingness to process his claim as appropriate. The process got drawn out and the application for Redundancy was never made. |
Findings and Conclusions:
S24 of the Redundancy Payments Act 1967 deals with the issue of time limits for the making of a claim. Generally speaking, a claim needs to be made within 52 weeks of the termination of Employment. Sub Section (2A) allows the Adjudicator to declare any employee bringing a claim made between the period after the first 52 weeks but before the expiration of 104 weeks to be entitled to bring the claim where the delay has been due to a reasonable cause. I am satisfied that the Complainant herein has demonstrated reasonable cause and that his claim for a Redundancy Payment should not be precluded by reason of the fact that the claim was not brought within the first 52 weeks after the termination of employment. |
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 am satisfied that the Complainant is entitled to a redundancy payment based on the following facts established by way of oral evidence only: The employment started: January 1st 2015 The employment ended: January 20th 2017 Gross weekly wage : €490.00 The Complainant was made aware of the fact that any award made under the Redundancy Payments Acts is subject to the Complainant having been in insurable employment for the relevant period under the Social Welfare Acts 1952 to 1966. |
Dated: 10th August 2018.
Workplace Relations Commission Adjudication Officer: Penelope McGrath
Key Words: