ADJUDICATION OFFICER DECISION

Adjudication Reference: ADJ-00014464

Parties:

Complaint:

Date of Adjudication Hearing: 31/07/2018

Workplace Relations Commission Adjudication Officer: Rosaleen Glackin

Procedure:

In accordance with Section 39 of the Redundancy Payments Acts 1967 - 2014andfollowing 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.

BACJKGROUND.

The Complainant was employed from 2nd August 2006 until the employment was terminated by reason of redundancy on 16th April 2018. The Complainant was paid £826.00 gross per week and he worked 40 hours a week. The Complainant referred a complaint to the Workplace Relations Commission on 1st May 2018 in relation to his redundancy payment.

SUMMARY OF COMPLAINANT’S POSITION.

The Complainant stated that he was paid statutory redundancy of £16538. He is claiming he should have been paid £39,692.00.

SUMMARY OF RESPONDENT’S POSITION.

The Respondent did not attend the scheduled Hearing on 31st July 2018.

FINDINGS AND CONCLUSIONS.

The complaint form states the complaint is “I did not receive my correct redundancy payment”. The Complainant provided the Hearing with the Respondent’s calculations in relation to his redundancy entitlements. These show the Complainant was paid statutory redundancy of £14,760.00 and an ex-gratia payment of £1778.46. This was based on a salary of £600.00 per week being, according to the Respondent, the wage ceiling prevailing at the time of the Complainant’s redundancy and with 11.8 years of service. The Respondent calculated the Complainant was entitled to 23.6 weeks redundancy.

The Complainant disputes this and stated his redundancy should have been calculated on his full wages of £826.92 per week.

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. In accordance with Section 39 of the Act I declare this complaint is not well founded. The Complainant has been paid his statutory Redundancy Entitlements in accordance with the wage ceiling of £600.00 applicable at the time of the Complainant’s redundancy.

Dated:   4th December 2018

Workplace Relations Commission Adjudication Officer: Rosaleen Glackin

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