ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00016008
Parties:
| Complainant | Respondent |
Anonymised Parties | A Shop Worker | A Shop Owner |
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-00020752-001 | 24/07/2018 |
Date of Adjudication Hearing: 02/10/2018
Workplace Relations Commission Adjudication Officer: Michael McEntee
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 and or Section 39 of the Redundancy Payments Act, 1967following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s).
Background:
The issue concerns a claim for Statutory Redundancy by a shop worker against a Shop Owner. |
1: Summary of Complainant’s Case:
The Complainant worked from 25/06/2012 to the 10/07/2018. The Business closed down and he received no Redundancy payment. |
2: Summary of Respondent’s Case:
The Respondent did not attend the Hearing. I was satisfied that proper notification of the Hearing had been served on the address listed on the Complaint form. |
3: Findings and Conclusions:
The Complainant attended the Oral Hearing and gave credible evidence. This was supported by Revenue PAYE Tax Allowance Documents. The Respondent failed to attend and gave no counter evidence. Reviewing the evidence presented at the Oral Hearing I found the Complainant to be credible. The claim is, accordingly, well founded. An award of Statutory Redundancy in favour of the Complainant, for the Period from 25/06/2012 to 10/07/2018, to be calculated under the rules of the Department of Social Protection, is made. |
Decision:
Section 41 of the Workplace Relations Act 2015 and Section 39 of the Redundancy Payments Act, 1967 requires that I make a decision in keeping with the Redress provisions of the cited Acts.
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Act | Complaint/Dispute Reference No. | Summary Decision. |
Complaint seeking adjudication by the Workplace Relations Commission under Section 39 of the Redundancy Payments Act, 1967 | CA-00020752-001 | Claim is well founded. Statutory Redundancy for the period from 25/06/2012 to 10/07/2018, to be calculated under the rules of the Department of Social Protection, is made in favour of the Complainant. |
Dated: 12/12/18
Workplace Relations Commission Adjudication Officer: Michael McEntee
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