ADJUDICATION OFFICER DECISION/RECOMMENDATION
Adjudication Reference: ADJ-00016293
Parties:
| Complainant | Respondent |
Anonymised Parties | A Care Assistant | A Nursing Agency |
Representatives | Self Represented | Not present |
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-00021089-001 | 10/08/2018 |
Date of Adjudication Hearing: 07/11/2018
Workplace Relations Commission Adjudication Officer: Peter O'Brien
Procedure:
In accordance with Section 39 of the Redundancy Payments Acts 1967 - 2014 following 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 Complainant was seeking payment of statutory redundancy. |
Summary of Complainant’s Case:
The Complainant was employed from July 7th 2004 to June 6th 2018 as a Care Assistant. The Complainant was informed that the company was closing by email on May 30th 2018. The Complainants employment was terminated on June 6th h 2018 and he was not paid any redundancy and he is seeking payment of statutory redundancy. |
Summary of Respondent’s Case:
The Respondent was not present at the Hearing. The WRC received an email from the Company Liquidator, Kirby Healy Accountants, on November 5th 2018 stating that they were the appointed Liquidators to the Company and that they would not be attending the Hearing. |
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.
Based on the uncontested evidence of the Complainant I find that he was made redundant on June 6th 2018 due to the closure of the business and is entitled to statutory redundancy. The Complainant is seeking a redundancy payment under the Act. Section 4.(1) of the Act states “Subject to this section and to section 47 this Act shall apply to employees employed in employment which is insurable for all benefits under the Social Welfare Acts, 1952 to 1966 and to employees who were so employed in such employment in the period of two years ending on the date of termination of employment.”
Therefore subject to the Complainant being in employment which was insurable for this purpose under the Social Welfare Acts, and subject to being confirmed by the appropriate Government Agency, I find that the complaint is well founded and the Complainant is entitled to a redundancy payment of two weeks per year (or part thereof), plus a week, on the following basis; Date of Commencement : July 23rd 2004 Date of Termination: June 6th 2018 Gross Weekly Wage: 550 Euros per week. |
Dated: 6th December, 2018.
Workplace Relations Commission Adjudication Officer: Peter O'Brien