ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00016336
Complaint:
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-00021200-001 | 17/08/2018 |
Date of Adjudication Hearing: 07/11/2018
Workplace Relations Commission Adjudication Officer: Louise Boyle
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:
The complainant claims that he never received redundancy when the business ceased trading. |
Summary of Complainant’s Case:
The complainant commenced employment on 1st February 2001 and his employment ceased on 27th July 2018 owing to the business closing due to the ill health of the owner. He earned €647.35 weekly gross. |
Summary of Respondent’s Case:
The respondent did not attend but was represented by his solicitor who detailed that the fact of redundancy was not in dispute. The respondent was too unwell to attend the hearing. |
Findings and Conclusions:
Section 7(1) provides that: An employee, if he is dismissed by his employer by reason of redundancy or is laid off or kept on short-time for the minimum period, shall, subject to this Act, be entitled to the payment of moneys which shall be known (and are in this Act referred to) as redundancy payment 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 1966, immediately before the date of the termination of his employment, or had ceased to be ordinarily employed in employment which was so insurable in the period of two years ending on that date. Having listened to the evidence of the complainant and taking into consideration that the fact of redundancy is not in dispute as the respondent closed the business owing to his ill health; I find that the claim under the Redundancy Payments Acts 1967 to 2007 succeeds. I award the complainant a redundancy lump sum based on the following, subject to the complainant having been in employment which is insurable for all purposes under the Social Welfare Acts: Date of Commencement: 1st February 2001 Date of Termination: 27th July 2018
Gross Weekly Pay: €647.35 |
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.
Subject to the complainant having been in employment which is insurable for all purposes under the Social Welfare Acts, I find that the claim under the Redundancy Payments Acts 1967 to 2007 succeeds and award the complainant a redundancy lump sum based on the following: Date of Commencement: 1st February 2001 Date of Termination: 27th July 2018 Gross Weekly Pay: €647.35 |
Dated: 04/12/2018
Workplace Relations Commission Adjudication Officer: Louise Boyle
Key Words:
Redundancy |