ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00014742
Parties:
| Complainant | Respondent |
Anonymised Parties | A Manager (deceased) | A Printing Company |
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-00019327-001 | 21/05/2018 |
Date of Adjudication Hearing: 24/07/2018
Workplace Relations Commission Adjudication Officer: Enda Murphy
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:
This complaint concerns a claim by the Complainant that he had not been paid his statutory redundancy payment when his employment was terminated by the Respondent by reason of redundancy. |
Summary of Complainant’s Case:
The Complainant was employed by the Respondent as a Manager from 1 September, 1997 until 8 January, 2018 when the business abruptly closed. The Complainant worked an average of 35 hours per week and was paid a gross weekly wage of €700.00. The Complainant was informed by the Respondent on 10 January, 2018 that the business had ceased trading and that his employment was no longer available. The Complainant contends that he requested payment of his statutory redundancy entitlements from the Respondent following the termination of his employment. However, the Respondent has failed to discharge the payment of his statutory redundancy entitlements. The Complainant is deceased since 13 July, 2018. |
Summary of Respondent’s Case:
The Respondent did not attend the hearing in relation to this complaint. I confirmed that a letter had issued notifying the Respondent of the date, time and location of the hearing. In the circumstances, I find that the Respondent’s non-attendance without any acceptable explanation to be unreasonable. |
Findings and Conclusions:
The Complainant, Mr. Christopher Nolan, is deceased since 13th of July 2018 and his wife, Ms. Joan Nolan, being his Personal Representative, attended the Hearing to confirm details in relation to this complaint on his behalf. I am satisfied that evidence was adduced which confirms that the Complainant’s employment was terminated on 8th of January 2018 when the Respondent’s business closed without any prior notification or warning. Based on the uncontested evidence on behalf of the Complainant, I find that the Complainant was employed on a continuous basis with the Respondent from 1 September, 1997 until the 8th January 2018 when his employment was terminated by reason of redundancy following the closure of the Respondent’s business. |
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 find that the Complainant is entitled to a statutory redundancy lump sum under the Redundancy Payment Acts based on the following criteria: - Date of commencement: 1st September 1997 - Date of termination: 8th January 2018 - Gross weekly wage: €700.00 In accordance with the provisions of Paragraph 23 of Part II of Schedule 2 of the Redundancy Payments Acts 1967 to 2014 and for the purposes of Section 22 of these Acts, I determine that payment of the statutory redundancy lump sum shall accrue to the Complainant’s Personal Representative. This award is made subject to the Complainant fulfilling current social welfare requirements in relation to PRSI contributions. |
Dated: 9th August 2018
Workplace Relations Commission Adjudication Officer: Enda Murphy
Key Words:
Redundancy Payments Acts – Statutory redundancy entitlement – Closure of business – Uncontested claim |