ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00014358

Parties:

Complaints:

Date of Adjudication Hearing: 23/08/2018

Workplace Relations Commission Adjudication Officer: Rosaleen Glackin

Procedure:

In accordance with Section 41 of the Workplace Relations Act, 2015 and Section 39 of the Redundancy Payments Acts 1967 - 2014 and following the referral of the complaints to me by the Director General, I inquired into the complaints and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaints

BACKLGROUND.

The Complainant was employed from 13th March 2013 until his employment was terminated by reason of redundancy on 13th April 2018. The Complainant was paid £623.76 gross per week and he worked 39 hours a week. The Complainant referred a complaint to the Workplace Relations Commission on 25th April 2018 alleging the Respondent had breached the Redundancy Payments Act, 1967 and the Minimum Notice and Terms of Employment Act, 1973.

SUMMARY OF COMPLAINANT’S POSITION.

The Complainant stated that he had been informed by his named Employer on 13th April 2018 that the Company was ceasing business and closing on that day. He stated he completed the Form RP77 to claim his redundancy entitlements and this was forwarded to the Employer on 13th April 2018. His Employer refused to pay him his redundancy. The Respondent also failed when requested by the Complainant to complete the RP 50 Form. He received his P 45 on the same day 13th April 2018.

The Complainant also stated he had not been paid his statutory minimum notice entitlements.

SUMMARY OF RESPONDENT’S POSITION.

The Respondent did not attend the scheduled Hearing on 23rd August 2018.

FINDINGS AND CONCLUSIONS.

On the uncontested evidence of the Complainant I find as follows –

CA-00018715-001 – Redundancy Payments Act, 1967. Section 7(1) of the Redundancy Payments Act, 1967 provides as follows – “An employee, if he is dismissed by his employer by reason of redundancy…….shall, subject to this Act, entitled to payment of moneys which shall be known (and in this Act are referred to) as redundancy payments provided (a) he has been employed for the requisite period, and (b) he was an employed contributor in employment which was insurable for all benefits under the Social Welfare Acts, 1952 to 1996, immediately before the date of termination of his employment….”

I find on the uncontested evidence of the Complainant, that a genuine redundancy situation existed at the time on 13th April 2018. The Complainant is therefore entitled to a redundancy payment based on the following –

Start Date in the Employment – 13th March 2013

Termination of his Employment – 13th April 2018

SALARY – £623.76 GROSS PER WEEK.

CA-00018715-002 – Minimum Notice and Terms of Employment Act, 1973. Section 4(1) od the Act provides for the Minimum Period of Notice to be Paid to an employee on termination of the Employment as follows (c) “if the employee has been in the continuous service of his employer for five years or more, but less than ten years, four weeks.”

I find the Complainant is entitled to payment of 4 weeks notice on termination of his employment =

Decision:

Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.

CA-00018715-002 – On the basis of the evidence of the Complainant, my findings above and in accordance with Section 41(5) of the Workplace Relations Act, 2015 I declare this complaint is well founded. I direct the Respondent to pay the Complainant 4 weeks Minimum Notice of £2495.04                 within 42 days of the date of this 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.

CA-00018715-001 – On the basis of the evidence, my findings above and in accordance with Section 39 of the Redundancy Payments Act, 1967 I direct the Respondent to pay the Complainant his Redundancy Entitlements in accordance with the Act and as set out in my Findings above.

Dated:   13/12/18

Workplace Relations Commission Adjudication Officer: Rosaleen Glackin

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